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Georgia Real Estate Law Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: Land was given to 2 siblings in a will. One sibling passed away and was married. Does the widow of the deceased person

Does the widow of the deceased person has rights to the land? No will was made for the deceased person to give the land to their spouse.

James Clifton
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James Clifton
answered on Mar 26, 2024

The exact answer depends on a few factors regarding the dates of death of the parent and child and the terms of the will. If the will listed the child died before the parent, the gift of the land will depend on whether the gift was listed as per stirpes, per capita, or otherwise. If the parent... View More

0 Answers | Asked in Real Estate Law for Georgia on
Q: I had a contract from a real estate agent in Florida, that was to close on February 27, 2024.

I tried calling his cell phone and spoke to answering service, to no response from agent. Can I receive the earnest money as failing to close as promissed.

1 Answer | Asked in Civil Rights and Real Estate Law for Georgia on
Q: What kind of attorney handles civil rights violations and discrimination by an HOA board?
James L. Arrasmith
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answered on Mar 11, 2024

An attorney who specializes in civil rights law and housing discrimination would be best suited to handle cases involving civil rights violations and discrimination by a homeowners' association (HOA) board. More specifically, you should look for attorneys with experience in the following... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can someone steal your home by filing a certificate into the Deed Records? What are they trying to pull by doing this?

I am a landlord in Fulton county who has been evicting a tenant for the last 14 months. This tenant has filed a certificate into the Deeds Record. The certificate filed is a “certificate of trust.” This certificate contains information about a trust she has created and in this trust she adds my... View More

Anthony M. Avery
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answered on Mar 11, 2024

At the least you will need a GA attorney to file a Quiet Title Action to remove the cloud. There may be other courses of actions, but clearing the Title is paramount if you cannot get her to quit claim her asserted interest as trustee to you.

0 Answers | Asked in Real Estate Law for Georgia on
Q: Father selling house without a real estate lawyer; are there any issues with moving my money out of joint bank account?

I have a joint bank account with my father set up from when I was a minor; I still use it as my main bank account to this day and have my paycheck direct deposit into it. I've been the only one managing this account for years.

I just learned that my father recently signed a contract... View More

0 Answers | Asked in Real Estate Law for Georgia on
Q: my dad died and no will &then my step mom died no will & only has a sister. who gets estate son or stepmom sister

when my dad passed and the property was in both names. the step mother had the house in her name and has died about 2 yrs ago,our lawyer. is tellin us that the money from a saw maill sold that dad was owner with 3 brothers wouldnt be paid till we signed off on the house property. the say mill... View More

1 Answer | Asked in Real Estate Law and Tax Law for Georgia on
Q: Family home in life estate deed. If all agree to sell home before tenant dies, what tax implic tenant & remaindermen

Is tenant eligible for medicaid if home in 15 yr old life estate is sold Georgia

James L. Arrasmith
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answered on Mar 8, 2024

Selling a home held in a life estate deed before the life tenant passes away can indeed have tax implications for both the life tenant and the remaindermen. If all parties agree to sell the property, the proceeds from the sale are typically divided between the life tenant and the remaindermen based... View More

0 Answers | Asked in Real Estate Law for Georgia on
Q: A real estate comp. billed me and was paid for comm. they were not entitled to. Is there any recourse?

A real estate broker leased a commercial property for me and was entitled to a monthly commission. After a 5 yr period the commission would be reduced 1% a year until it went to 0. The broker continued to invoice us and was paid by us for the full amount through the reduced commission period and... View More

0 Answers | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: is this true is Georgia? Residents are responsible for easement up keep. The easement owner can not stop them.

Concerning a single lane gravel road. "An easement is a limited right to use another person's land for a stated purpose. For example, an easement may allow someone to use a road on their neighbor’s land to get to their own. Easements may also be used to lay railroad tracks or electrical... View More

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

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

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

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

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