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Georgia Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law and Civil Litigation for Georgia on
Q: Alice pays off Bob's home. Bob's account # used by Alice. Who owns home? A & B? B? Can gal C force property sale?

Alice required Bob to add her daughter Carrie to a survivorship deed. Carrie (55) and Bob (60) are former spouses after 15 years of divorce. Not married. Housemates

Alice's terms and conditions are met. Carrie moved in in 2021 and moved out in 2024.

Now comes a contested... View More

0 Answers | Asked in Real Estate Law, Business Formation and Business Law for Georgia on
Q: Do I need a disclaimer on my videos or website?

I plan to open a business helping people find a home. I will give them comprehensive reports on the area, crime stats, schools, amenities tailored to their specific needs.We will also do live video area walk arounds/commutes that are tailored to them. I know agents cant say its a bad area but as a... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: my parents died without a will so who inherits their real estate the county or there heirs.?

State of georgia

James Clifton
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James Clifton
answered on Nov 22, 2024

The heirs of the deceased will always inherit the property. The laws of intestacy provide a very detailed analysis of who inherits when someone dies. This can extend to cousins of varying degrees when necessary. Schedule a free consultation to figure out who is entitled to inherit the real estate.

3 Answers | Asked in Divorce, Family Law and Real Estate Law for Georgia on
Q: I want to sell my house but my ex wife does not want to. The title is under my name and the deed is in both our names.

There was no court settlement at the time of the divorce as we chose to do that on our own. My ex refuses to sign a quit claim. How can I proceed to have her name removed from the deed? Can I still sell the house even if she does not want to ?

James Clifton
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James Clifton
answered on Nov 19, 2024

You cannot remove her name from the deed without her consent. You can force her to sell the property, but that can only be accomplished through a partition lawsuit. In a partition lawsuit, you ask the court to divide the property evenly. This typically only works if the property is undeveloped... View More

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0 Answers | Asked in Real Estate Law and Tax Law for Georgia on
Q: My home has been assessed @ 2532 square feet and $150 per square foot actually is 2232 square feet since 2016

The county doesn't seem to want to refund the overcharge for the last seven years.

0 Answers | Asked in Real Estate Law and Small Claims for Georgia on
Q: My ex and his family are threatening to stop paying their half of rent. What are my rights?

It is impossible to sublease as the requirements (make 5x the rent) are pretty impossible to meet. The lease cannot be broken. If they were to stop paying rent, we would all get evictions on our records.

0 Answers | Asked in Real Estate Law for Georgia on
Q: Rental Cap List Management by HOA

My HOA is removed me from Rental Cap and asking to vacate the tenant. The reason they are alleging some covenant violation wrt rental cap during 2021, 2022 for which I have not received any notice during the period of so called violation. At the same time now they are saying I am not in violation... View More

0 Answers | Asked in Real Estate Law for Georgia on
Q: How can I see the other residents deeds in my condo community.

Some units have private fenced back yards. Would that area be granted by the HOA, or listed on the deed , or are those units using common area as their private yards? They were built 50 years ago. We are condos so homeowners do not own the land.

0 Answers | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: How can I see the other residents land deeds in my condo community.

Some units have private fenced back yards. Would that area be granted by the HOA, or listed on the deed , or are those units using common area as their private yards? They were built 50 years ago. We are condos so homeowners do not own the land.

0 Answers | Asked in Contracts and Real Estate Law for Georgia on
Q: Do I have a breach of contract and/or fraud claim lawsuit?

I am the seller of a property and a homebuyer company did not close. Two days before closing they said their was a break in the chain of title. After the initial contract expired they asked for an extension which did not have an expiration date. I declined the extension. 1st demand letter was sent... View More

0 Answers | Asked in Contracts and Real Estate Law for Georgia on
Q: Should I sue a homebuyer company for breach of contract and/or fraud claim?

I'm the seller of a property and a home buyers company notified me 2 days before closing there was a break in the chain of title and they sent an extension that did not have an expiration date, which I declined. After initial contract expired, I requested the removal of affidavit of... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: revocable trust. land and mobile home on schedule A i was successor trustee and beneficiary. Can heirs file no admin

In probate. His heirs did nothing after his death for two years. Property was xfer to estate after it was already trnxfer to me

James Clifton
PREMIUM
James Clifton
answered on Oct 30, 2024

The land and mobile home are titled assets. If the title to the mobile home and land were not transferred to the trust during the trust maker's lifetime then they do not transfer according to the terms of the trust and would instead be subject to probate, like the no administration necessary... View More

1 Answer | Asked in Family Law, Real Estate Law, Landlord - Tenant and Probate for Georgia on
Q: on a special warranty deed with husband and wife name followed by "joint tenancy", are rights of survivorship automatic
James Clifton
PREMIUM
James Clifton
answered on Oct 29, 2024

If the tenancy was intended to be joint tenancy and not tenancy in common, survivorship rights should be automatic. If that is the case, the only thing necessary to vest title in the survivor would be a Affidavit of Survivorship and a copy of the death certificate. A complete review of the deed... View More

0 Answers | Asked in Real Estate Law for Georgia on
Q: Does my 10 year old fence line allow claim to adverse possession in Georgia?

My house that I've occupied for 9 years came with a fence surrounding the property and was adjacent to undeveloped woods. A large developer bought the undeveloped property and cut right up to my fence line. Two of the houses that were just built had surveys done and found their property... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: Does my ex husband have to sign to refinance
James Clifton
PREMIUM
James Clifton
answered on Oct 23, 2024

If you qualify for the mortgage by yourself, it is possible to refinance without your ex husband's signature even if he was on the previous mortgage. The divorce decree may also provide some guidance on how and when the refinance can take place. Your ex husband may need to sign a deed to you... View More

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: How do I preplace my name for my deceased on the home's deed which is listed as tenants in common

I am the executor of her state and have gone through probate but did not change the name at the time. I live in Florida, my mom's house in in Augusta ,Ga

James Clifton
PREMIUM
James Clifton
answered on Oct 22, 2024

It depends on where probate was completed. If probate was completed within the State of Georgia, you will only need an executor's deed to transfer the property. If the probate was completed outside of the State of Georgia, you will need exemplified copies of the letters testamentary and will... View More

1 Answer | Asked in Real Estate Law, Construction Law and Business Law for Georgia on
Q: I'm seeking help to place a lien on a property with an unpaid balance of $37,310

I'm a vendor for a painting company that handles interior painting for apartments when tenants move out. We have an outstanding balance of $37,310 with a property located at 370 Northside Dr NW, Atlanta, GA 30318.

We’ve tried reaching out through emails and visits, and all our... View More

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2024

Hire a competent GA attorney to draft and record a Materialman's Lien against the property. You also may consider suing the entity you contracted with for the debt owing. Hopefully the actual owner contracted with you. It is doubtful you will be made whole due to the expenses involved in... View More

2 Answers | Asked in Contracts and Real Estate Law for Georgia on
Q: How do I get the title of my home from the seller.

I entered into a lease to purchase agreement with my landlord. Once the contract and purchase were completed they refused to produce title to my home. It has been 5 years and they haven't produced the title. I now have a case pending in court, to be heard by the judge on October 24. What are... View More

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2024

Hopefully you have a GA attorney representing you. You will not be able to try this yourself. Proof of the contract, all payments, no tenant defaults and the landlord's default , will all have to be proven in Court. If you win, you will need to draft an Order and probably a Deed.... View More

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1 Answer | Asked in Real Estate Law for Georgia on
Q: Can an individual get out of a contract with a wholesale real estate company? If so, how?

My sister entered into a contract with a wholesale real estate company and decided to not go forth with selling. She wants to keep her house, but the contract says she has to sell to them regardless. Can she back out and not lose her home?

James Clifton
PREMIUM
James Clifton
answered on Sep 30, 2024

Your sister may be able to get out of the contract if there was fraud or deception in the formation of the contract, the wholesale company is in breach of the contract, your sister was forced against her will to sign the contract, or the terms are unconscionable.

Schedule a free...
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1 Answer | Asked in Real Estate Law, Civil Rights and Election Law for Georgia on
Q: In Georgia, USA, can an HoA limit political speech (displaying a sign)?

The HoA Covenants and Restrictions prohibit any sign not explicitly approved by the HoA; however, this provision has been historically, unequally, and inconsistently, enforced.

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 25, 2024

In Georgia, an HOA can impose restrictions on signage, including political signs, if those rules are laid out in the HOA's Covenants, Conditions, and Restrictions (CC&Rs). However, these restrictions must be applied consistently and fairly to avoid claims of discrimination or selective... View More

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