Questions Answered by A. J. Mitchell

Q: My mother is transfering property in banks county ga. to my brother and i . how does he transfer all ownership to me?

1 Answer | Asked in Real Estate Law for Georgia on
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.

Q: What is the differents between a Quitclaim Deed and a Quiet Title Action

1 Answer | Asked in Real Estate Law for Georgia on
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 an equitable remedy awarded through the courts. The effect of such an action, if granted by a court, establishes an individual's right to ownership of real property against one or more adverse...

Q: What happens if ex-wife never filed quick claim deed and didnt refinance per court order.house going into foreclosure

1 Answer | Asked in Real Estate Law for Georgia on
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.

Q: Am I obligated to pay a mortgage if my name is not on it

1 Answer | Asked in Real Estate Law for Georgia on
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.

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

1 Answer | Asked in Divorce for Alabama on
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 attorney. If you absolutely have to go it alone, you must file a complaint for divorce in the county where you and your husband reside. Turn to the internet and research Alabama's requirements for...

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?

1 Answer | Asked in Divorce for Georgia on
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 assets?

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?

1 Answer | Asked in Bankruptcy for Georgia on
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 $50.00 per course.

Q: If I file for chapter 7, will I lose my life insurance policy?

1 Answer | Asked in Bankruptcy for Georgia on
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.

Q: Does signing an acknowledgement of service and waiver of venue for divorce obligate me in any way.

1 Answer | Asked in Divorce for Georgia on
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 "serve" you with a copy of the complaint against you and a court summons, and (3) waive your right to have the suit or hearing take place in your county of legal residence.

Q: If I'm married and my husband files chapter. 7, does that affect me if we have joint ownership to our vehicles?

1 Answer | Asked in Bankruptcy for Georgia on
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

Q: I RECEIVED A DISCHARGE OF DEED TO SECURE DEBT WHAT DOES THAT MEAN?

1 Answer | Asked in Bankruptcy for Georgia on
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 you elected to surrender the real property to the lender.

Q: Can i go to court without a lawyer

3 Answers | Asked in Divorce for Georgia on
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.

Q: Can my employer still take out garnishments, after I have filed for bankruptcy? I have the letter from court.

1 Answer | Asked in Bankruptcy for Georgia on
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 one.

Q: How do I get a certified copy of an order on motion to avoid judgement lien?

1 Answer | Asked in Bankruptcy for Georgia on
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.

Q: How to contest a lien

1 Answer | Asked in Bankruptcy for Georgia on
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.

Q: My brother was our dad's power of attorney. After our dad passed away, he used all of dad's $$ for himself

1 Answer | Asked in Estate Planning for Georgia on
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 fiduciary responsibility (characterized by a duty of loyalty, duty of trust and duty of care) to act according to the directions of the principal. Given that your brother failed in this regard, your...

Q: Does bankruptcy affect child support?

1 Answer | Asked in Bankruptcy for Georgia on
Answered on Apr 21, 2013

Child support and alimony are not dischargeable through bankruptcy.

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