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Georgia Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Georgia on
Q: Does a TOD Deed replace the pre-existing deed or is there a concept where multiple deeds apply to the same property?

I recently bought a home in Jasper, GA where I am a joint owner with my father.

We asked for a TOD Deed but the law firm involved was unable to write that up.

The suggestion now is to replace that deed with a TOD Deed.

Our goal would be to have a deed that lists each of our... View More

Anthony M. Avery
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answered on Jan 1, 2025

Hire a GA attorney to offer various estates that you and Father would want. Then have him draft a deed to execute. Right now you are confused. And remember taxes have to be paid even if many tenants in common are owners.

0 Answers | Asked in Real Estate Law for Georgia on
Q: Hi, I I purchased a commercial property. I had a question on Georgia real estate law. Whom can I speak to? Thanks!

I bought a commercial property with multiple tenants. All were expired leases, except "Bob". Bob had a 1 year lease, from 9/1/24 - 9/1/25. I had the seller sign all tenants to a 4 month leases, from 11/1/24-2/28/25 in order for me to guarantee myself some income and allow me time to... View More

2 Answers | Asked in Tax Law and Real Estate Law for Georgia on
Q: Is the land office allowed to sell property for taxes owed without a deed?

Also can the land office tax you for a house on open property and change status of farm to residence without your approval?

James Clifton
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James Clifton
answered on Dec 23, 2024

Yes, the tax commissioner can sell the property for past due taxes. If the sale has occurred, you still may be able to redeem the property by paying the past due amount plus interest, fees, etc. You may also be able to recover money from the tax sale. If a house was built on the property, the... View More

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0 Answers | Asked in Real Estate Law and Collections for Georgia on
Q: Are you available for a chat? I’m looking to litigate my mother’s HOA fees.

She died Jan 2024 and the HoA refused to send me a bill (although I’m administrator) until Nov …then the bill came with outrageous fees. I want them to explain with proof of services. Before after photos - all proof they gave her proper notice. They’ve also been charging her for violations... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Georgia on
Q: How can I get a full copy of all parameters of GA Code § 44-6-84 - Life estates in a printable format?

Real estate attorney established a full life estate with a single statement in a sales contract for my home. It has been a nightmare for 5 years, and it must be resolved.

Anthony M. Avery
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answered on Dec 20, 2024

Not sure what a full LE is. Nor why you would worry about it being in a contract. What counts is what estate is conveyed in the DEED. Have you read the Deed? You need to hire a GA attorney to at least explain the Deed to you, and possibly search the title. Then he might advise to any... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can someone be prosecuted for sending out a letter pretending that it's from the Magistrate Court but it isn't

She printed up a piece of paper stating it was from the Magistrate Court that they had to leave the property she's not even the owner of the property she is remainderman of the property when my mother dies but as of now my mother owns the property and she printed up a piece of paper stating... View More

Anthony M. Avery
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answered on Dec 18, 2024

It is a possible crime. Contact your Sheriff with all details.

0 Answers | Asked in Real Estate Law for Georgia on
Q: Someone presented me with papers that she pretended were from magistrate court but we're not ,trying to have me removed

She tried to make it look like it was from the magistrate court.But it's fake ,can she be prosecuted for this?she is not the owner of property but the owners daughter.she is remainderman on the life estate .the owner was out of town when this was done .I don't think the owner has any... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: Someone presented me with papers that she pretended were from magistrate court but we're not ,trying to have me removed

She tried to make it look like it was from the magistrate court.But it's fake ,can she be prosecuted for this?

Anthony M. Avery
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answered on Dec 13, 2024

Arguably a fraud/forgery on the Court, possibly the judicial officer. Have you checked with the alleged Court to see if there is such a case? Check first, and then possibly contact Sheriff. But realize at some point you will probably have to give up possession.

1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: Can I sue a RE firm in GA for operating while Admin Dissolved for 14 yrs. I was served for eviction and looked them up.
Anthony M. Avery
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answered on Dec 13, 2024

You should be able to claim the plaintiff does not exist at Court. Hire a GA attorney to defend you. But Court will give them continuance to substitute proper party.

0 Answers | Asked in Elder Law, Real Estate Law and Probate for Georgia on
Q: If a deceased owned home . And had her grown children living in home at time of death had no will . Will they have to se

If only heirs at law was grown child of deased son who was joint tennents with rights but the property went back to original owner would the grown children of deased have to move after living in home all this years after and before death

2 Answers | Asked in Real Estate Law for Georgia on
Q: How can you sell and dead person's share of property and legally get a new warrenty deed?

What happens to that person's property if it is later discovered that the dead person had heirs that was entitled, and they challenge the quit claim deed that was used?

And why was it used? Why not warrenty?

And would not the grantor have to lie and say that the other person... View More

Anthony M. Avery
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answered on Dec 6, 2024

Not sure of your question... But you need a GA attorney to search the title and determine heirship. Then you might consider a quiet title action if you are an owner.

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2 Answers | Asked in Real Estate Law, Collections and Probate for Georgia on
Q: What happens to a person's property if they were married with both names on the deed, then they divorced, and then died

Died while waiting for their share?

Then the other name sells with quit claim deed, cheating the dead person's heirs by not informing them that they had an inheritance? How do I get my dead mommas inheritance? Daddy never told us, now I have the warrenty deed with mommas name, and the... View More

James Clifton
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James Clifton
answered on Dec 6, 2024

It depends on the terms of the divorce decree and the way the deed was written. Whoever was entitled to the property in the divorce decree can sell it under most circumstances. Schedule a free consultation so an attorney can review the divorce decree and the deed.

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2 Answers | Asked in Real Estate Law for Georgia on
Q: If 3 people's names are on a deed and 1 of the persons lives there exclusively. Can the other two charge him rent?
James Clifton
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James Clifton
answered on Dec 6, 2024

One co-owner cannot exclude the other co-owners. If they do, the other co-owners are entitled to a reasonable amount of rent from the co-owner who is excluding them. If they are unwilling to pay rent, your will have to file a lawsuit. You can force the sale of the property through a partition... View More

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1 Answer | 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

Tim Akpinar
Tim Akpinar
answered on Dec 1, 2024

A Georgia attorney could advise best, but your question remains open for two weeks. Until you are able to consult with local attorneys, using disclaimers is usually a good idea. Any time you are presenting information to the public, there is always the possibility that someone could claim that they... 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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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
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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
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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

1 Answer | Asked in Real Estate Law for Georgia on
Q: Does my ex husband have to sign to refinance
James Clifton
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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

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