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Questions Answered by Michael D. Birchmore
1 Answer | Asked in Real Estate Law for Georgia on
Q: Our HOA wants to vote assuring no property can be used as a long term rental. Do we have to legally amend the covenants?

There have historically been rentals but the last rental is on the market and the person who has it under contract is asking if they can continue renting it out. We, as an HOA, would like to end the rental option due to past experiences. Is this legal? We can vote as an HOA (only 25 homes) next... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jan 12, 2022

Good question. In the law, there will typically be more than one right answer. However, there will always be a "best" answer too. Real property law has many moving parts - especially when addressing covenants. As there is too much to discuss here in this forum, please accept my answer... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: Do subdivision covenants and restrictions expire in a county with no zoning laws.

We are in Union county, outside the city limits of Blairsville. The subdivision covenants and restrictions were created 12/27/1990. There are 9 lots in the subdivision. 4 of which have homes on them. 3 lots just sold and are getting ready to be built on. One of the new owners claim the covenants... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jan 4, 2022

Your questions will be answered by through review(s) of the property's title chain(s). I suggest you call Cary Cox or the Davenport Firm or David Barrett to meet with as they are all familiar with these issues.

2 Answers | Asked in Family Law, Domestic Violence, Legal Malpractice and Probate for Georgia on
Q: Please help me understand . I'm preparing for divorce and in my research online I come to find shocking documents.

Two marriage licence applied for 10 years apart are on the probate record on in 2011 when we married at the court house . The other issued Jan 21 2020 I had no knowledge or part in at all ? What can I do to unravel his mess of fraud , deception and abuse ?

Michael D. Birchmore
Michael D. Birchmore answered on Jan 4, 2022

Clearly, you need to meet with a family law attorney to help you figure out what is going on.

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1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: If there are two owners on a mobile home in SC, do both owners have to transfer title through the DMV to a new owner?

My dad and his wife owned a mobile home on 2 acres of land. My dad passed in 2014. The mobile home only was transferred to the wife’s daughter in 2015. My dads estate was filed with probate and only included the land. But the mobile home is still sitting on the land with the wife’s daughter... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jan 4, 2022

You are asking a question which can only be answered by reading through the laws of SOUTH CAROLINA. For South Carolina help you should post your question to the SC attorneys.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can I go to the Courthouse to find a person that owes me money

I need to see if this person can be located

Michael D. Birchmore
Michael D. Birchmore answered on Dec 16, 2021

Perhaps. You could check the land deed records and the tax assessor's office and possibly other places at your courthouse. However, you should note that as a general rule, the courthouse is not where one would go to find a person. Note, too, that a courthouse is only going to have the... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Georgia on
Q: Can I back out of a partnership real estate deal where the partners don't own title to the house

I want to back of this deal now and give them their money back. Purchased a house to flip in my name, worked on the deal 1 year 1/2. 2 friends wanted to flip too. I told them I had a house I had been working for for 1 1/2. The 1 friend put in $16,000 to buy the house and quiet the title. The... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Dec 16, 2021

Without disagreeing with my colleague, I would come at the question from a different angle. A very famous law (Statute of Frauds) states the for any contract for the sale of land to be enforceable, it must be in writing. Your specific facts may or may not be challenged or supported by either of... Read more »

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1 Answer | Asked in Civil Litigation for Georgia on
Q: How does the lemon law work for used vehicles

We (My wife and I) purchased a vehicle from a dealer and when we bought it the check engine light was not on. We bought the vehicle in TN and drove it to Ga. Before purchasing the vehicle we told the salesmen we needed emissions done in our state. He told us that her does not due emissions. We got... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Dec 13, 2021

The GA Lemon Law will not help you here. The GA law is available only on brand new vehicles. Also, as you bought the vehicle in TN, you must look to the TN law(s) for your remedy if one is available.

4 Answers | Asked in Family Law for Georgia on
Q: How do I keep my husband from filing our kids? I am the custodial parent.

I allowed my husband to file our kids for 2021. I don't want him to file for 2022. How can I ensure he is not able to file this year. I am the custodial parent.

Michael D. Birchmore
Michael D. Birchmore answered on Dec 13, 2021

Until a divorce has been filed, neither parent is deemed the "custodial parent." You will need a divorce to accomplish your goals.

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1 Answer | Asked in Child Custody for Georgia on
Q: Does filing an emergency temporary hearing for custody override the custody order that is already in place?

There has been no temp order signed by a judge at this time.

Michael D. Birchmore
Michael D. Birchmore answered on Dec 9, 2021

Only a new (later) order may change an existing order. If there is an existing custody order in place, then it will remain in force until a subsequent order changes it. You should speak with your attorney about this situation.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Legal Malpractice for Georgia on
Q: what is the statute of limitations to file a civil claim against someone using OCGA 16-48?
Michael D. Birchmore
Michael D. Birchmore answered on Dec 7, 2021

We won't be able to assist you until you provide the complete statute citation. It should read as the following (but with numbers of course).

O.C.G.A. Sec. XX-XX(X)-XX(X)

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Probate for Georgia on
Q: i have a confusing question

okay say this woman and man were married but only his name was on the house deed. They divorced and he married another woman. They seperate and he gets back with previous wife. but never divorces the other woman. but him and the first wife get back together (even though he still married to the... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Dec 7, 2021

The answer to your question is very simple. With all the respect I can muster, you MUST meet with a real estate attorney to ensure that this effort is done properly. If it isn't, you will forever regret your mistake.

1 Answer | Asked in Personal Injury, Real Estate Law, Business Law and Construction Law for Georgia on
Q: In Georgia, can you attach a fire escape ladder outside of your second or third or fourth story window? Permanently?

What types of certifications or permits would a company need to start installing Fire Escape Ladders in homes and commercial buildings up to four stories tall?

Michael D. Birchmore
Michael D. Birchmore answered on Nov 25, 2021

You will need to check with your local city, county authorities to determine what type of permits and inspections will be necessary for your particular location.

2 Answers | Asked in Family Law and Child Support for Georgia on
Q: Will adjudicated arrears accrue interest if a payment plan was created in a modification settlement agreement?

child support arrears were included in a modification settlement agreement and included a payment plan toward the balance. Will the principal amount accrue interest if there is a payment agreement?

Michael D. Birchmore
Michael D. Birchmore answered on Nov 19, 2021

THAT WOULD DEPEND ON WHETHER THE AGREEMENT PROVIDED FOR INTEREST TO ACCRUE. HOPEFULLY, YOU USED AN ATTORNEY THROUGH THIS PROCESS SO THAT THE NECESSARY LANGUAGE FOR THIS WOULD BE INCLUDED IN THE AGREEMENT. IF SO, YOU SHOULD SPEAK WITH THE ATTORNEY WHO CAN REVIEW THE AGREEMENT WITH YOU TO DETERMINE... Read more »

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1 Answer | Asked in Civil Litigation for Georgia on
Q: If my license was suspended, 20 years ago due to failure to pay a judgement, how long can they keep the suspension?
Michael D. Birchmore
Michael D. Birchmore answered on Nov 18, 2021

I WOULD ASSUME FOREVER. IF THE LICENSE IS SUSPENDED, YOU WILL HAVE TO APPLY FOR A NEW ONE. WHENEVER YOU APPLY, THE ARREARAGE WILL COME UP AND LIKELY DENY YOUR APPLICATION. PLEASE NOTE THOUGH, I AM PRETTY MUCH GUESSING AS TO YOUR ACTUAL SITUATION. TO PROTECT YOURSELF, YOU SHOULD MEET WITH AN... Read more »

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: I have permanent custody (guardianship) of my three grands (Georgia). Am I allowed to relocate out of the country?

My daughter, not married to either father, was wild as a teen. She dropped 2 kids off to me we they were born. I retained custody of the last one about 4 years ago. I obtained guardianship until 18 for each of them.

Michael D. Birchmore
Michael D. Birchmore answered on Nov 18, 2021

YOU WILL NEED PERMISSION FROM THE COURT TO DO THIS. AS AN ALTERNATIVE, YOU MIGHT WANT TO MEET WITH AN ADOPTION ATTORNEY WHO COULD DISCUSS THE PROS AND CONS OF ADOPTING THE CHILDREN. GEERALALY SPEAKING, IF YOU ADOPT THEM, YOU WOULD NOT NEED ANYONE'S PERMISSION TO MOVE THEM WHEREVER YOU WANTED.

1 Answer | Asked in DUI / DWI, Consumer Law, Family Law and Personal Injury for Georgia on
Q: 31 yrs old female first dui and and missed court on the hearing. Bench issued she spent 6 days in jail can she nolo

Furthermore as a violent man held her beyond will and beat her and had her arrested . Lady has 3 children and now away from harm need a chance to start her life now without the terrioristic drama he put her through

Michael D. Birchmore
Michael D. Birchmore answered on Nov 18, 2021

UNFORTUNATELY, YOU HAVE TOO MANY DIFFERENT ISSUES IN YOUR QUESTION. NOBODY HERE WILL BE ABLE TO PROVIDE A RELEVANT RESPONSE TO ANY OF THEM. THE OVERALL BEST ADVICE YOU WILL REVCEIVE HERE IS TO MEET WITH AN ATTORNEY SO THAT ALL THE ISSUES CAN BE SORTED AND DISCUSSED.

1 Answer | Asked in Contracts and Civil Litigation for Georgia on
Q: In Georgia, can parent of 10 year old legally transfer the childs registered horse to another party?

AQHA (American Quarter Horse Association) transfer papers were signed by parent & filled out by the "new owner"; although, the AQHA would not accept the transfer of ownership since the transfer papers were not signed by the owner, who is 10 years old. More details can be provided, if needed.

Michael D. Birchmore
Michael D. Birchmore answered on Nov 18, 2021

IN TRUTH, THE 10 YEAR OLD IS A MINOR CHILD. MINORS BY LAW CANNOT CONTRACT WITH OTHER PARTIES, CANNOT OWN REAL PROPERTY (PER SE IN THEIR NAME), ETC. THIS ISSUE RECENTLY CAME UP IN ONE OF MY DIVORCE CASES; WHAT TO DO WITH "THE HORSE SITUATION?" THE AQHA IS ALLOWED TO MAKE THEIR OWN... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: I wanted to ask if a mobile that has only the steps attached, no wheels and axles is it affixed or personal property ?
Michael D. Birchmore
Michael D. Birchmore answered on Nov 18, 2021

If the axle for trailer has been removed and the trailer is now "seated," it is considered to be real property (like land, house, etc.) and no longer personal property. You did not provide many facts in your question. Accordingly, you should meet with a real estate attorney to confirm... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: Hi my rent is past due this month and I received notice to vacate.
Michael D. Birchmore
Michael D. Birchmore answered on Nov 17, 2021

Not sure what your question is. The general response would be that you must pay to stay or vacate.

1 Answer | Asked in Real Estate Law for Georgia on
Q: The person that gave me a property is now dead,they didn’t take their name off as lean holder! Need name remove!!
Michael D. Birchmore
Michael D. Birchmore answered on Nov 17, 2021

YOU WILL NEED TO MEET WITH A REAL ESTATE ATTORNEY IN YOUR AREA TO DISCUSS THIS. DEPENDING ON THE CIRCUMSTANCES, THERE MAY A QUICKER WAY TO DO THIS OR NOT. IF NOT, YOU WILL NEED TO FILE A QUIET TITLE ACTION (BILL QUIA TIMET - IF YOU WANT TO LOOK IT UP). YOU WILL NOT BE ABLE TO COMPLETE THIS BY... Read more »

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