Atlanta, GA asked in Contracts, Real Estate Law, Civil Litigation and Small Claims for Georgia

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.

3 Lawyer Answers
Anthony M. Avery
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A: You need a competent GA attorney now. It will involve the suit on the Note, Lis Pendens being recorded, then trial of the cause of action, and possibly execution of a Judgment Lien, but certainly some type of collection activity.

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Anthony M. Avery
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A: If you got a deed of trust or mortgage to secure the repayment of the note, then hire hire the GA attorney to foreclose on the real property collateral.

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Jennifer Pierce
Jennifer Pierce
Answered
  • Johns Creek, GA
  • Licensed in Georgia

A: 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 foreclosure attorney for assistance in either situation.

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