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Georgia Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Small Claims for Georgia on
Q: Does hoa has power to enroll non-member to new trash service?

Willow point neighborhood at Cobb county Georgia

T. Augustus Claus
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answered on Oct 17, 2023

No, a homeowners association (HOA) does not have the power to enroll non-members in a new trash service in Willow Point Neighborhood, Cobb County, Georgia. Under Georgia law, HOAs are limited in their ability to control the behavior of non-members. HOAs can only enforce their covenants, conditions,... View More

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: Husband passed away owning royalty rights in LA. Rights were devised to me. How do I get them changed into my name?
James Clifton
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James Clifton
answered on Oct 15, 2023

Your husband's will needs to be probated. After it has been probated, the executor should provide the royalty administrator with a copy of the will, the death certificate, the letters testamentary, and a request to transfer the royalties to you. Once that has been done, the royalty... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: I have a sellers agreement and my house is not selling so we decided while it’s still on the market to rent it out for a

Few months and my realtor said she didn’t give us permission to rent and we owe her commission but she didn’t check the 4D box with any amount? Can I rent my home

James Clifton
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James Clifton
answered on Oct 12, 2023

If your agreement is the Georgia Association of Realtors Exclusive Seller Brokerage Engagement Agreement, you can unilaterally terminate the listing and rent to someone else without owing commission if Section 4D is not filled out. Be careful about relisting and selling the property during the... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can a Condominium Homeowners Association fine a resident for an action of that resident off of the residential property?
T. Augustus Claus
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answered on Oct 11, 2023

In Georgia, the powers and rights of a Condominium Homeowners Association (HOA) are primarily determined by its governing documents, which typically include the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and other rules and regulations. Generally, the HOA has the... View More

1 Answer | Asked in Land Use & Zoning, Municipal Law and Real Estate Law for Georgia on
Q: What can I do if someone left a camper on my property over a year ago. Can I remove it from my property without any lega
T. Augustus Claus
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answered on Sep 29, 2023

The laws concerning abandoned property vary by jurisdiction, but you may need to go through a legal process to remove the camper. Generally, this involves notifying the owner and giving them a certain amount of time to remove it before you can take action. Failure to follow the proper procedures... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: Urgent , looking to hire. How can i get my Condo back? Currently under my daughter name, i paid for it.

when my daughter moved to the USA few years ago to study i sent her money to buy an Condo so she has a place to live. For years i asked to be added to the title which she always found ways to avoid . Now after many arguments she is saying being "willing" to sign whatever document i bring... View More

James Clifton
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James Clifton
answered on Sep 27, 2023

There are a lot of things to take into consideration. First is the authority to sell. If she is the only person on title, she will need to assign you power of attorney to sell on her behalf. She could also transfer the property to you through a deed. Second, there may be additional taxes if either... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Civil Litigation for Georgia on
Q: how do I find a lawyer who has lots of recent HOA experience in the Georgia Superior Court in Atlanta?

My defendant has a seemingly well-experienced attorney on HOA law

James Clifton
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James Clifton
answered on Sep 19, 2023

You can search through legal directories for attorneys experienced in real estate law. You can also look on the Georgia Bar Association website for attorneys who are members of the Real Property Law Section. Whenever you speak with an attorney, ask them for a list of cases relating to HOA law that... View More

2 Answers | Asked in Real Estate Law for Georgia on
Q: How do I go about reclaiming real estate property that was sold at a tax auction, which is still in the redemption stage
T. Augustus Claus
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answered on Sep 18, 2023

Reclaiming real estate property in Georgia that was sold at a tax auction during the redemption stage involves a structured process. You have a one-year redemption window to reclaim the property by paying the delinquent taxes, accrued interest, penalties, and any additional fees. Start by... View More

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2 Answers | Asked in Real Estate Law for Georgia on
Q: How do I go about reclaiming real estate property that was sold at a tax auction, which is still in the redemption stage
James Clifton
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James Clifton
answered on Sep 18, 2023

You can contact the tax commissioner and/or sheriff's office in the county where the property is located and ask for the contact information for the purchaser who won the auction. You can also look in the public records for the tax sale deed which will have purchaser information from the sale.... View More

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3 Answers | Asked in Contracts, Real Estate Law, Civil Litigation and Small Claims for Georgia on
Q: I need to file a lis pendens/lien and civil case in Rockdale County, GA. I'm not sure exactly what forms to use.

I loaned money to a client to close on their home. He assured me that I would be repaid by 7/27/23. He signed a promissory note. He has not repaid me. I have been informed that he is possibly going to sell the property.

Jennifer Pierce
Jennifer Pierce
answered on Sep 8, 2023

If your note was accompanied by a Security Deed against the property, you can initiate foreclosure proceedings to force him to pay, otherwise you get the property. If you have the note only, you will need to sue on the note after making proper demand, if required by the note. Contact a Georgia... View More

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3 Answers | Asked in Real Estate Law, Probate and Estate Planning for Georgia on
Q: If I have a mortgage on my property in Georgia, can I put the property in my trust's name?

The house has not been paid off as yet

Nina Whitehurst
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answered on Aug 16, 2023

Yes, you can transfer your property to your trust. All that is required to effect the transfer is a deed.

The real question is what are the consequences if/when your lender finds out. The answer to that question depends on whether the property is residential or non-residential and whether...
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3 Answers | Asked in Divorce and Real Estate Law for Georgia on
Q: Can I sell my house if my name only is on the deed and my husband is psychologically abusive and won't divorce me?

He had 2 strokes and is disabled but can be very mean. He tells me he will commit suicide if I leave him. I am trying to go move in with my adult daughter 1200 miles away but I need the funds from the house sale to help me start a new life. I lost both of my parents in the last year and am in... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 21, 2023

You should not dispose of any assets such as a home, prior to the filing of a divorce. If you want to be able to sell your home, you need to file for divorce and allow the court to determine whether the residence is separate property or marital property, which will allow you to sell, should the... View More

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1 Answer | Asked in Estate Planning, Landlord - Tenant, Real Estate Law and Probate for Georgia on
Q: Is it possible to evict an estate?

I lost my grandparents around 3 years ago. My mother, also the executor of both estates (and bear in mind we have an extremely strained relationship), inherited almost everything while I ended up with the house. I have received a deed with clear title and it has been filed with the local superior... View More

James Clifton
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James Clifton
answered on Aug 5, 2023

If the estates are still open, your best bet would be to petition the probate court to have the items removed or have the estate pay you a storage fee. You could make a claim as a creditor. Since you are the legal owner, you technically have the right to have the remaining personal property removed... View More

1 Answer | Asked in Real Estate Law and Collections for Georgia on
Q: Attorney Lienholder who does not reply to request for lien payoff letter. Is there an alternative for removing liens?

I have a rental house under contract to sell, with closing schedule in a couple of weeks. The house has several judgement liens (Fi-Fa) that must be cleared up. Two different attorneys hold the liens. The closing attorney was authorized to do so and has asked both attorneys to provide a... View More

James Clifton
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James Clifton
answered on Aug 1, 2023

As an attorney who handles closing, I understand your frustration. Sometimes the attorney who filed the lien no longer represents the creditor. Sometimes the law firm no longer exists. Sometimes the creditor no longer exists or has died. There are a lot of reasons why it would take a few weeks to... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Elder Law for Georgia on
Q: Can someone us a specific power of attorney to convince notary person to that they have power of attorney over their par

Can someone us a specific power of attorney to convince notary person they have power of attorney over their parents when the specific power of attorney was already voided after 60 days. Would the notarized quite claim deed be valid?

Anthony M. Avery
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answered on Aug 1, 2023

If the POA was revoked at the time of Deed execution then there was no valid conveyance. However if no interested party ever files suit to have the Deed declared void, then the purported conveyance remains of record. After many years the voidable Deed is cured. Contact a GA attorney now... View More

1 Answer | Asked in Family Law and Real Estate Law for Georgia on
Q: Do I have any legal right to partition if not married and name not on title. I can prove financial contributions over.

I have bank statements showing transfer of funds that cover mortgage monthly and extra for other expenses.

T. Augustus Claus
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answered on Jul 21, 2023

In Georgia, if you are not married and your name is not on the title of the property, you may not have an automatic legal right to partition the property. Generally, partition actions are available to co-owners of a property, and if your name is not on the title, you may not be considered a... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: in georgia does a bcd have to be recorded to sever a jtwros deed. if the deed was signed before I became sole survivor
James Clifton
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James Clifton
answered on Jul 16, 2023

The deed between two parties does not have to be recorded to effectuate a transfer of title or a change in the status of joint tenants with right of survivorship to tenants in common. The deed becomes effective when signed by the transferor and delivered to the transferee. Recording the deed puts... View More

1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Federal Crimes for Georgia on
Q: My boyfriend and i signed rent to own papers and paid the house off. Owner forged his name left mine off the deed. Legal

They quick claimed it without my knowledge and without my name being added.

Anthony M. Avery
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answered on Jul 14, 2023

If you were a signature party to the land contract, then you sue the seller/grantor for breach of contract. Hire a GA attorney that does real property litigation. A Notice Lis Pendens will need to be filed. All interested parties must be defendants (besides you) for setting aside the Deed or... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: Would it be possible to sue an ex bf if they moved out of home ,,and name is on title deed but not of mortgage .

This is an ex boyfriend, when we bought home he was on mortgage .in 2018.He left in 2020 . Leaving me with payments . Then in 2021 I refinanced, and his name came off mortgage . He doesn’t want to make any payments , or made any payments since he decided to leave .

James Clifton
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James Clifton
answered on Jul 12, 2023

As joint owners of the property, you are both responsible for the payment of debts. If he is not paying his share, you can force him to pay through a judgment obtained against him for contribution, or you can buy him out of his portion discounted for payments he has failed to contribute to the... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: I bought property in NC in 2005. I financed the property with Carolina First Bank. This bank was sold several times.

The mortgage bank changed hands several times and I think my loan file was lost. I haven't made any payments on the mortgage since 2010. I havent received any communication from the last bank that took over in 2010. I havent received any foreclosure notice. I'm still listed as the... View More

James Clifton
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James Clifton
answered on Jul 9, 2023

If the statute of limitations has not run on the mortgage, you cannot pass clear title to a purchaser. No attorney or title company can issue title insurance on the purchase to the new owner with the mortgage still in place. We have recently seen an increase in zombie mortgage foreclosures. Zombie... View More

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