At auction due to a death and the property to be considered unclaimed
answered on May 9, 2023
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... Read 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... Read more »
answered on Feb 23, 2023
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... Read 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... Read more »
answered on Feb 8, 2023
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,... Read more »
I am 95% owner. the 5% co-owner is not taking true responsibility for the property. he is only causing trouble.
how does the contrary appears clause apply in this law?
if i can prove that he is behaving contrary to the best interest of the property, does that qualify?... Read more »
answered on Jun 5, 2023
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.... Read more »
answered on Jun 1, 2023
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?
answered on Jun 1, 2023
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.
Legal way to transfer land ownership after husband dies without a will in GA.
Mortgage before marriage. Land aquirred during the marriage.
answered on May 1, 2023
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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