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Georgia Real Estate Law Questions & Answers
0 Answers | Asked in Libel & Slander, Personal Injury and Real Estate Law for Georgia on
Q: Post ambulance ride found was fitted with shenzhen mindray and audibell sonic remote abuse. Neighbor owned EMS. Help.

My neighbor is a realtor and her family own hospice and EMT company. They took liberties with my body while unconscious and I’ve been home and suffering for three years. They are protected by local police and I am assaulted and burned in my home for three years now while this family filled with a... View More

0 Answers | Asked in Criminal Law, Estate Planning, Family Law and Real Estate Law for Georgia on
Q: My mother, usafructer, sold my, naked owner, land, home, tools without my knowledge or consent. Was this legal?

She also destroyed all my personal belongings. Can I press charges for this?

0 Answers | Asked in Employment Law and Real Estate Law for Georgia on
Q: Could I be fired and evicted from the motel I stay and work at for my mother's past due rent on another room

My mom had her own room she got behind on her rent I moved her into my room. My rent was paid up but my boss and owners fired me and tried to kick me out saying it's my debt to and doing this because it is not paid off

1 Answer | Asked in Real Estate Law for Georgia on
Q: Good morning, How would i go about suing someone that sold me a house that was already sold, and refuses to pay me back?
James L. Arrasmith
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answered on Feb 23, 2024

Good morning! If you find yourself in a situation where you've purchased a house that was already sold to someone else and the seller refuses to refund your money, taking legal action might be necessary. Initially, gathering all related documentation, such as the contract of sale,... View More

0 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for Georgia on
Q: My grandmother made a will in 1993. She put in the will all her belongings be put in trust for my aunt who has downs.

The orginal will states any legal issues dealing with her will needed to be handled by her attorney. In 2015 my aunt who is power of attorney over my grandmother. Took my grandmother to a different attorney and made a new will leaving my grandmother's property to her and leaving my downs aunt... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Georgia on
Q: Wrongful foreclosure, disbursement question

What are the grounds to appeal a disbursement hearing, if any? Must a property be levied first before auctioned for judicial foreclosure from consent order.

James Clifton
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James Clifton
answered on Feb 20, 2024

The disbursement hearing would not be the place to challenge the foreclosure auction. You would have needed to file an injunction prior to the auction to challenge whether the auction was being conducted pursuant to applicable law. The order on the disbursement hearing is likely subject to an abuse... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Georgia on
Q: Do all real properties in Georgia must be levied with notice before a judicial foreclosure?

If this was part of a consent order of a settlement. Like let’s say you are given 180 days to pay $90,000 or property has to be sold. Does it need to be levied first before auctioned?

James Clifton
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James Clifton
answered on Feb 20, 2024

No, if there is a consent judgment that grants the right to foreclose, the notice of foreclosure sale must be published according to the laws relating to sheriff's sales. The sheriff will then auction the property. If your property was foreclosed, you may have the ability to collect surplus... View More

0 Answers | Asked in Real Estate Law and Construction Law for Georgia on
Q: How long does a building contractor have to complete the repairs once notified of them under GA O.C.G.A Section 8-2-35?

This is a newly constructed (2022) residential house. Registered letter sent to builder listing problems last year. A few items have been completed but haven't heard from builder in a month to correct other items.

Trying to find answer under State of Georgia, USA

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Georgia on
Q: If you give someone money to purchase property for you without contract, how can you prove your intent of ownership?

Bank transactions reflect transfer of funds on date of home purchase date

James Clifton
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James Clifton
answered on Feb 18, 2024

In order to prove that there was an intent to share in the ownership of the property or that the funds provided at closing were to be paid back, you would need to have texts or emails showing that there was an agreement between the parties. A less reliable method would be to provide witnesses who... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: We live on a “private rd” although the county has given it a name. At the end of the rd are a few homes. One of the home

Has renters and are operating a daycare. The traffic has gotten crazy. Problem is they are destroying the dirt road and no one will help with repairs, upkeep, etc. what are my options?

Anthony M. Avery
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answered on Feb 16, 2024

I assume your road is actually a joint permanent use easement. If so, then a title search may disclose maintenance duties. If just an easement by implication or otherwise, then there are probably no defined restrictions. Then at best, you would need a GA attorney to sue for property damages, of... View More

0 Answers | Asked in Real Estate Law for Georgia on
Q: Had a squatter in my Grandmother's old abandoned house, he left. How can I keep him from coming back?

House not worth the cost of finding out who legally owns it.

1 Answer | Asked in Real Estate Law for Georgia on
Q: I am in lowndes county Georgia which is Valdosta I went to the clerk of the courts the Superior Court to file and record

An affidavit for an adverse possession on the property the people at the clerk's office the court clerk of lowndes county Georgia told me that I had to be an attorney or have an attorney with me present to file this affidavit and I believe that is wrong and it's my understanding that the... View More

Anthony M. Avery
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answered on Feb 14, 2024

If you are claiming title by adverse possession, then you will need an attorney to make an effective claim. It is difficult and is usually a defense to an action for possession or title, not filing an affidavit. You may need a deed as a color of title recorded, not what you are trying to... View More

0 Answers | Asked in Real Estate Law for Georgia on
Q: In Georgia, is it legal to have tombstones made and use them to decorate your yard?

No real graves or names.

0 Answers | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: I moved in 11/2019 Reciprocal Easement 50 ft of my driveway on adjacent neighbor land. Neighbors use their own driveway

On Jan 3 neighbor removed 90% of my gravel (It a major incline hill) I needed 4 W Drive 5 years ago to get up hill, no gravel. I payed $1400 in Dec 2019 for gravel on my driveway no one else used it dead ends into my garage. On 01/03/2024 the neighbor removed with his tractor scooped up my gravel ,... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: If I have letters testamentary for Georgia does will have to be probated again in Nevada to sell a timeshare?

My daughter transitioned a few years ago. I'm trying to sell her timeshare that was purchased in Nevada. Does her will have to be probated again in Nevada to sell a timeshare she owned?

Anthony M. Avery
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answered on Feb 14, 2024

You will have to ask a NV attorney about the need for ancillary probate or not.

1 Answer | Asked in Real Estate Law for Georgia on
Q: bought a foreclosed property from bank. filed eviction against previous mortgagee who is accusing bank of wrong foreclos

I bought a property from xome.com as a second chance foreclosure and after the closing, filed an eviction case against previous mortgagee. She is fighting back saying that bank wrongfully foreclosed the property. Should I file a case against the previous mortgagee, bank or let my title insurance... View More

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answered on Feb 4, 2024

You will need to litigate to a conclusion on obtaining possession. But you take title subject to rights of occupants. Read your owner's title policy. It will not cover many risks. But also hire an attorney to make a claim against the policy. You could lose all your investment as I... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Georgia on
Q: bought a foreclosed property from bank. previous mortgagee is fighting back that foreclosure is fraudulent. What do I do

I have title insurance since I bought it is a second chance foreclosed property from xome.com platform

James Clifton
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James Clifton
answered on Feb 3, 2024

If you have title insurance, the title insurance policy should provide coverage to defend against the claim to title. You will need to file a claim with the title insurance company directly. Schedule a free consultation to make sure your interest is protected.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can my brother in-law gift me a house that still has a mortgage?
James Clifton
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James Clifton
answered on Feb 1, 2024

Your brother would be able to sign the property over to you with a deed. However, it likely violates the due on sale clause in the mortgage that prevents the transfer, by gift or sale, of the property without first paying off the mortgage. The lender could then foreclose on the loan even if it was... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Civil Rights for Georgia on
Q: Are HOAs in GA bound by covenants only or state law as well?

Residents in our subdivision seek to contest the election of Board Members. Despite expressing this intention, the current board members assert their adherence solely to covenants rather than Georgia state law. Moreover, the Board has declined to disclose election results upon request, failed to... View More

James L. Arrasmith
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answered on Jan 29, 2024

Homeowners' Associations (HOAs) in Georgia are indeed bound by both their own covenants and by state law. The covenants, conditions, and restrictions (CC&Rs) of an HOA provide specific guidelines for the community, but these must also align with state laws. If there's a conflict,... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: My father passed away with no will so land went to me and my 3 sisters is there anyway my sisters can take it from me
James Clifton
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James Clifton
answered on Jan 28, 2024

If your father died with no will and no wife, all of his estate should pass in equal shares to his children. While your sisters may not be able to take it from you, they can force the sale of the property, in which case none of the siblings will own it. Schedule a free consultation to make sure... View More

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