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.
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
If the decedent left a surviving spouse or minor children, they may have claims for a year's support, meaning they may be entitled to assets even if they are not specifically named as beneficiaries in the will. If there is no surviving spouse or minor children, then the designated...View More
Your question is not clear as to the type of auction involved. There is no right of redemption after a foreclosure sale in Georgia. If this was a tax sale, redemption can occur until such time as the tax sale purchaser forecloses the right to redeem, which cannot occur until one year after the...View More
The primary borrower does not expect me to contribute financially to the mortgage, but I know that if the house is foreclosed I will still be liable. What are the general procedures during foreclosure in Georgia, and where would be the best place to put my assets to reduce the risk of losing them... View More
The foreclosure process in Georgia is relatively quick and straightforward. The primary steps are a notice of foreclosure is sent to borrowers/owners at least 30 days before the scheduled foreclosure sale, the notice of sale is published for the 4 weeks immediately preceding the sale, and finally...View More
My grandparents jointly owned property in Georgia. My granddad died in 1990, leaving behind 4 children. 2 of his children are with my grandmother (whose name is on the property) & 2 of his children are not related to my grandmother. Then, my grandmother died in 2021. Both of my grandparents... View More
The answer is dependent upon how your grandparents held joint title - as tenants in common or as joint tenants with rights of survivorship. If tenants in common, your grandfather's heirs would inherit his 1/2 interest in the property. If the property was held with rights of survivorship,...View More
Presuming that 1) the life insurance policy dictates that the proceeds go to the estate if a beneficiary isn't named and 2) the will is valid, then the proceeds should go to the designated beneficiary in the will after debts of the estate are paid.
I am trying to probate will solemn form for my dad who passed. I am the only living child, I have two deceased brothers who died before him. They had children, so would they be considered representatives on paragraph 4 of the form?
The timeframe varies greatly depending on many factors, including the number of lien holders (if any) to be paid, whether an interpleader is filed, and the foreclosure firm itself (some are quicker at disbursement than others).
If your ownership deed specifies that you have a 95% ownership and the co-owner only has 5%, then that's what you have. If the deed does not set out those percentages, then it is presumed you hold title in 50/50. The co-owner's behavior has no bearing on how much they own.
This year first HOA increased our annual assessment from $700 to $800. Within 5 months into this year, they have now levied $350 as special assessment which is like 45% to our annual assessment. They have not done any homeowner voting for that and has sent us notice today with a due date in 8 days.... View More
The bylaws and covenants of the HOA will determine the procedures to issue a special assessment. You state that the bylaws do not require a vote to issue the special assessment, so there does not appear to be any recourse for you.
My neighbor recently graded and cleared a lot next to my property, and in doing so he also graded approximately 75- 100 feet over the property line onto my property. How do you estimate the damage in a dollar amount and how should I proceed to get a settlement?
Based on the facts provided, there may be multiple causes of action that would give rise to damages. The amount of damages would be dependent on many factors, including any devaluation of the property. I recommend that you consult with an attorney experienced real property litigation.
Regarding your legal obligation on the mortgage: if you were not a party to the loan, or did not otherwise assume the loan, then you are not personally responsible for repayment. However, as noted by Mr. Clifton, the mortgage still needs to be paid or the bank will foreclose.
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