Get free answers to your Real Estate Law legal questions from lawyers in your area.
The father of my child is asking us to leave the house, under his name, and is demanding short time. He moved out years ago. The lawyer has not presented me with papers or anything physical but constantly calls me, and reminds me of deadline. I told him, nothing is legitimate until I see papers.... View More 
answered on Sep 22, 2024
If you have a family court case you should hire an attorney with experience in handling those matters. As you are the opposing party, and you do not have an attorney, the attorney representing the other party does have to speak directly to you, regarding the case. And they can choose to... View More
Eight months ago, our HOA went from builder control to community control. The election, to our belief, was illegal in that the HOA mgmt. company broke bylaw & CC&R rules plus State (GA) HOA code rules in conducting the election. They also counted votes in secret without an auditor present.... View More
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answered on Oct 6, 2024
In your situation, the first step as a community is to gather support from as many homeowners as possible who share your concerns. Document all the actions that violate the HOA's bylaws, CC&Rs, and Georgia state HOA code. This documentation will be critical if you decide to pursue legal or... View More
I co-own a house with former partner who stayed in the house after breaking up and is also the only one on the mortgage. Can I sell my half ownership to a third party? Should I get a lawyer if I want to file suit for petition to sell? Can I enter the property at any time and stay/use it as I please?
answered on Sep 20, 2024
If you can find someone who would be interested in buying your half only, you can absolutely sell to them without restriction. However, it is difficult finding someone who will accept partial ownership of property.
You will definitely need a lawyer for a partition action to force the sale... View More
The deed is is my name also
answered on Sep 10, 2024
If the deed is in your name only, you have the sole right to sell the property. However, if you are currently going through a divorce or are in bankruptcy, you cannot sell the property without a court order approving the sale.
Schedule a free consultation to make sure you make the proper... View More
Or moved it off my property what do I do next
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answered on Sep 9, 2024
First, check your local and state laws regarding abandoned property or vehicles, as these can vary significantly. Often, there is a specific process for handling abandoned trailers or personal property left on your land after an eviction. You might need to post a notice on the trailer and send a... View More
He recently passed away he never put the property in his name he had no will would I be able to sell the property again
answered on Sep 6, 2024
If your intent was to sell the property, it would be fraudulent to sell it again. On the other hand, if the legal formalities of transferring the property were not met, the transfer would not be effective, in which case you could sell the property again. If you attempt to sell it again, you run the... View More
answered on Sep 5, 2024
You will need to file a lawsuit for specific performance to force the seller to sell the property according to the terms of the agreement.
Schedule a free consultation to make sure your contract rights are protected.
My father passed a few years ago and I was trying to see if any property he owned could be inherited.
answered on Sep 3, 2024
Here in California there are several avenues to determine the owner of real estate. The fastest manner to determine ownership of real estate in California is to contact the Assessors Office in the county the property is located and provide a combination of address, APN or past owner. You can also... View More
answered on Sep 2, 2024
Yes, any heir may retain counsel prior to the passing of the individual that the heir may inherit from. If you anticipate that the estate may be contested, it would be in your best interest to retain counsel yourself.
Schedule a free consultation to make sure that your inheritance is protected.
answered on Aug 29, 2024
It depends on the language contained in the covenants and restrictions of the community. Review the covenants for a more precise answer as there is no law that directly addresses that issue.
Found out the land when purchased by owner did not go thru the proper channel for getting clear title. Can I file and receive a BONDED TITLE? Or what are my options
answered on Aug 29, 2024
In your situation, a bonded title may not be the appropriate solution since it's generally used for vehicles. For real estate, resolving the title issue typically requires going through a process called a "quiet title action" in court. This legal procedure is used to establish... View More
The person in question had a key , and in front of two deputies, claimed she had some of her property in deceased's home.. and proceeded to fill three pick-up trucks with items removed from the home . Deceased has a will, yet to be addressed, isn't illegal to remove any items until any... View More
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answered on Sep 20, 2024
It is not illegal for a person to take property that belongs to him or her if that can be done without trespassing.
It is illegal, of course, for a person to steal from the estate, i.e. to take personal property that does not belong to him or her.
If this individual did steal from... View More
answered on Sep 11, 2024
Yes, as of July of 2024, transfer on death deeds are legal and enforceable in the state of Georgia. The transferee does not become an owner of the property until the death of the transferor. The transferee is required to file an affidavit within 9 months of the death of the transferor. If no... View More
Do both remaindermen have to agree to file suit? Home will be demolished when sold. Georgia.
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answered on Aug 16, 2024
One Remainderman can file suit, but all interested parties in the land must be joined in the suit, either as defendants or plaintiffs. Waste action against a life tenant is a hard cause of action but possible.
In the slums not a safe neighborhood and one of the roommates are out on bond for sexual assault. Can he break the lease?
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answered on Aug 31, 2024
You have the right to expect that the apartment you leased matches what was advertised to you. If the apartment is in a significantly different condition or in an unsafe neighborhood, you might be able to argue that the landlord has violated the terms of the lease by misrepresenting the property.... View More
My home was foreclosed and sold and I never received a letter notifying me of the sale. The lady I spoke with from the attorney's office told me that a signature wasn't required for the letter and sent a receipt showing certified mail. The lady I spoke with at the post office said that... View More
answered on Aug 9, 2024
The foreclosure notice must be sent by certified or registered mail or overnight delivery with return receipt requested. As long as the notice was mailed in the proper manner to the appropriate party(ies) at the correct address, the lender does not need to prove the notice was actually received.... View More
He has three kids that she didn't tell what she was doing she just took the property
answered on Sep 5, 2024
It is possible to challenge the transfer on fraud grounds. However, the length of time since the transfer will be a problem. The statute of limitations may have expired depending on the circumstances. You need to act quickly now that you are aware of the fraudulent transfer.
Schedule a free... View More
I been paying on the mortgage not knowing I was a co owner joint tenant with rights or survivorship I never signed for a mortgage or spoke to anyone I need help I cant get my son in school if I don't have the title but I'm a co owner
answered on Aug 9, 2024
It is unclear from your post if the mortgage lender was referring to you not being on the mortgage or not being an owner of the property. There are 2 different kinds of deeds they could have been referring to - the Security Deed, which is the mortgage document, and the deed which conveyed... View More
I want to build, own and operate a home as an airbnb that is mostly a historical recreation but I want to incorporate a couple of rooms that are themed after the bedrooms of characters from a popular tv show and this home would be located near the filming locations of said show. Do I need... View More
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answered on Aug 2, 2024
To decorate your Airbnb rooms to resemble those from a popular TV show, you likely need to consider intellectual property rights. Creating rooms that closely mimic the show's set design could be seen as an infringement of the film studio's copyrights. This is especially true if you plan... View More
My son got his hands on the property will and won't hand it over to me
answered on Aug 9, 2024
Georgia law requires a will to be witnessed by 2 people who are competent to do so. It does not require notarization. If the will does not have the correct amount of witnesses, the probate court may deem the will to be invalid.
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