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Questions Answered by A. J. Mitchell
1 Answer | Asked in Real Estate Law for Georgia on
Q: My mother is transfering property in banks county ga. to my brother and i . how does he transfer all ownership to me?
A. J. Mitchell
A. J. Mitchell answered on Mar 18, 2014

He may execute a quitclaim deed transferring his interest to you. You will have to complete a Form PT-61 and present both the fully executed quitclaim deed and PT-61, along with a fee, to the real estate deed room in the Superior Court of the county where the property is situated.

1 Answer | Asked in Real Estate Law for Georgia on
Q: What is the differents between a Quitclaim Deed and a Quiet Title Action
A. J. Mitchell
A. J. Mitchell answered on Mar 18, 2014

A quitclaim deed is one of several real property conveyance documents. It allows one to convey property to another without guaranteeing free and clear title or without a warranty of title. Any and all liens on title remain on title after conveyance to new owner. A quiet title action is generally... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: What happens if ex-wife never filed quick claim deed and didnt refinance per court order.house going into foreclosure
A. J. Mitchell
A. J. Mitchell answered on Mar 18, 2014

You may have grounds to file a contempt of court action against your ex-wife for failing to obey a court order. It is advisable to consult with an experienced attorney in this regard.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Am I obligated to pay a mortgage if my name is not on it
A. J. Mitchell
A. J. Mitchell answered on Mar 18, 2014

No, you are not legally obligated to pay a mortgage if you did not sign a contract to do so. However, if you are in possession of the property that is the subject of the mortgage and no one is paying the monthly mortgage payment, you are subject to eviction upon foreclosure.

1 Answer | Asked in Divorce for Alabama on
Q: What are the first steps I need to do to obtain a divorce in Alabama. I have children and want custody. I have no money

My husband makes sure that if I get any money he uses it all. I can't keep anything from him. He has continually quit his job and dragged us all over the state. We've been homeless several times in the last few years. I have disabilities but haven't been able to finish my Social Security claim... Read more »

A. J. Mitchell
A. J. Mitchell answered on Mar 18, 2014

Given that you have minor children and you want custody, I strongly recommend that you find a way to raise funds to hire an attorney who would agree to take your case for a reduced fee or pro bono. At the very least, you should seek to have a 30-60 minute consultation with an experienced divorce... Read more »

1 Answer | Asked in Divorce for Georgia on
Q: My husband has cheated on me now we are getting divorced. I have been paying most of his bills what rights do I have?

My husband is living in Columbus GA and I am living in Canada. We were to move together in three months. I have been supporting him financially for the past six months as he was able to do so on his own. I have caught him cheating on me and now we are going to get divorced. What are my rights?

A. J. Mitchell
A. J. Mitchell answered on Mar 18, 2014

Your question is difficult to answer as presented. You need to provide more information and be more specific about what you want from the marriage. Do you and your husband have minor children together? Do you own real estate? Are you and your husband employed? Do you have significant marital... Read more »

1 Answer | Asked in Bankruptcy for Georgia on
Q: I need to file chapter 7. I no longer have a job and owe $12k in a charge card. How much would that cost?
A. J. Mitchell
A. J. Mitchell answered on Mar 17, 2014

The cost for filing a Chapter 7 bankruptcy generally ranges between $1,000 and $1,500 depending on a debtor's circumstances. In addition, a potential filer may be required to pay separately for credit counseling and debtor education. These costs are all over the place but generally do not exceed... Read more »

1 Answer | Asked in Bankruptcy for Georgia on
Q: If I file for chapter 7, will I lose my life insurance policy?
A. J. Mitchell
A. J. Mitchell answered on Mar 14, 2014

No. However, you may be required to disclose your cash surrender value as a personal asset. You should consult with an experienced bankruptcy attorney regarding possible exemptions in this regard.

1 Answer | Asked in Divorce for Georgia on
Q: Does signing an acknowledgement of service and waiver of venue for divorce obligate me in any way.
A. J. Mitchell
A. J. Mitchell answered on Mar 11, 2014

By signing an acknowledgment of service and waiver of venue, you (1) confirm that you have received service of process, which is a required action in successfully bringing a lawsuit, (2) avoid the need for a sheriff or other court-approved process server to come to your home or work place to... Read more »

1 Answer | Asked in Bankruptcy for Georgia on
Q: If I'm married and my husband files chapter. 7, does that affect me if we have joint ownership to our vehicles?
A. J. Mitchell
A. J. Mitchell answered on Mar 11, 2014

No, it does not. However, you will remain personally liable for any debt that you may owe on the vehicles

1 Answer | Asked in Bankruptcy for Georgia on
Q: I RECEIVED A DISCHARGE OF DEED TO SECURE DEBT WHAT DOES THAT MEAN?
A. J. Mitchell
A. J. Mitchell answered on Jan 5, 2014

A Deed to Secure Debt or Security Deed is an instrument which secures a lender's interest in real property pursuant to the requirements of a promissory note. If you received a discharge of such a deed, this simply means that you are no longer legally liable for the underlying debt perhaps because... Read more »

3 Answers | Asked in Divorce for Georgia on
Q: Can i go to court without a lawyer
A. J. Mitchell
A. J. Mitchell answered on Dec 15, 2013

Yes, you may represent yourself in court. However, depending on the circumstances, it may not be a smart thing to do. Need more information before commenting further.

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1 Answer | Asked in Bankruptcy for Georgia on
Q: Can my employer still take out garnishments, after I have filed for bankruptcy? I have the letter from court.
A. J. Mitchell
A. J. Mitchell answered on Dec 10, 2013

Once one files for bankruptcy, all garnishments and other collection actions are subject to an automatic stay and thus must stop. Generally, funds garnished after a bankruptcy filing must be returned to the debtor(s). It would be helpful to refer this matter to your bankruptcy attorney if you have... Read more »

1 Answer | Asked in Bankruptcy for Georgia on
Q: How do I get a certified copy of an order on motion to avoid judgement lien?
A. J. Mitchell
A. J. Mitchell answered on Aug 15, 2013

If you are really asking for a file-stamped copy of such an order, you should contact your bankruptcy attorney or visit the clerk of court's office. Be sure to have your case number, SSN and proof of identification when you arrive at the clerk's office.

1 Answer | Asked in Bankruptcy for Georgia on
Q: How to contest a lien
A. J. Mitchell
A. J. Mitchell answered on Apr 23, 2013

Need more information regarding the type of lien, circumstances of filing and date of filing. This is a matter that would be best handled by a contracts, business or real estate attorney.

1 Answer | Asked in Estate Planning for Georgia on
Q: My brother was our dad's power of attorney. After our dad passed away, he used all of dad's $$ for himself

Who do I go to for help?

My brother is my dad's Power of Attorney. He handled his V.A. disability check funds.

Our dad passed away in January.

Going over dads bills, it appears that my brother was stealing from dad's account.

My copy of of the Power of Attorney form... Read more »

A. J. Mitchell
A. J. Mitchell answered on Apr 23, 2013

Powers of attorney are generally governed by the law of agency. One who has been given power of attorney to act on behalf of another is also referred to as an "attorney-in-fact." Such individuals are considered agents for whoever provides them power of attorney (the "principal") and have a... Read more »

1 Answer | Asked in Bankruptcy for Georgia on
Q: Does bankruptcy affect child support?
A. J. Mitchell
A. J. Mitchell answered on Apr 21, 2013

Child support and alimony are not dischargeable through bankruptcy.

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