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
I have title insurance since I bought it is a second chance foreclosed property from xome.com platform
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.
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
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
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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
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
My next-door neighbor was arrested for drug trafficking and the residence has been under surveillance for the past 6 months. Last week, several police cars, the SWAT team, and detectives showed up with a search warrant. They confiscated evidence and arrested him. He is being held without bail and... View More
answered on Jan 22, 2024
While the owner may not be required to evict the tenants, the landlord could be sued for maintaining a nuisance. Additionally, if the landlord continues to rent to the criminals, the landlord could face criminal prosecution.
Naming me executor. To transfer property ownership. Clerk of court, how do I go about this? And can I do this in my own or do I have to have a lawyer?
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answered on Jan 11, 2024
In most states there is no law that obligates an executor to hire an attorney. Just like fixing a car, you are free to do it yourself if you know how. But if you don’t know how you will get better results in the long run if you hire an expert. And just like fixing a car it is also often cheaper... View More
Bylaw: Section 9. Open Meetings. All meetings of the Board shall be open to all Members, but Members other than the Directors may not participate in any discussion or deliberation unless expressly so authorized by the Board.
Some board members want to have meetings without homeowners and... View More
answered on Jan 10, 2024
If this is an issue with the property owners of your subdivision, then I recommend that you (and some of the property owners) consult with an attorney to obtain a legal opinion on this. The attorney providing the opinion will hopefully charge a legal fee in allows the interested property owners to... View More
The space in question was purchased as office space for a business by the owner of the business but the deed has the individual as the owner not the business it houses. Does this make a difference in determining if the space is owned by the business or to the estate of the individual? In the case... View More
answered on Jan 4, 2024
If a property is owned by an individual, it does not matter what business operates in the building. The individual owns it. If the individual is no longer living, the property will pass to his heirs at law if there was no will, or the beneficiaries in his will, if there was a will.
HOA fees were originally $151 for the 1 bedroom unit. The HOA took out a balloon loan several years ago and assure owners at the time that HOA fees would return to normal after the final payment in 2021. The fees never returned to normal but in December we were notified that they were increasing... View More
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answered on Jan 2, 2024
In Georgia, the ability of a Homeowners' Association (HOA) to raise fees and make major decisions typically depends on the governing documents of the association, like the bylaws and covenants. These documents usually outline the process the HOA must follow for such actions, including how and... View More
A previous ques a person asked about forcing a tennant in common sale this was part of the answer.
Unless it is his homestead, this sounds like a job for a suit to partition by sale
Why does it matter if there is a homestead exemption. And if there is, what type of case should be... View More
answered on Dec 30, 2023
The person may have been referring to the laws of a different state. A tenant in common can request partition of property regardless of whether it is homestead property. Schedule a free consultation to confirm if a partition is the right option for you.
I cannot figure out how to use your website
please me navigate it
do you need more information
real estate landlord tenant question - I am the owner of the property and need to clear out former tenant belongings
I am 80 yrs with limited ability on a computer and... View More
answered on Dec 27, 2023
If no representative of the estate has been appointed, the possessions of the deceased are still in the house, and no rent has been paid, you can file for eviction. You can also make a claim against the estate for unpaid rent if probate is ever opened.
My dad (75 yo) has cancer/parkinsons. We realized early on that we had to sell his 3 bedroom home because it no longer works for him. My sister has said that she now plans on using all of the money to buy a larger 5 bedroom home for her, her family, and my dad to live in and putting her, my... View More
answered on Dec 21, 2023
If you own a property jointly with anyone, their debts can attach to the property and severely jeopardize the ability to sell the property in the future. The situation you describe could end up as a gigantic mess. Schedule a free consultation to determine the best course of action to make sure you... View More
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answered on Dec 19, 2023
Yes, it is possible to overturn a lawsuit judgment in Georgia, but the process involves specific legal procedures. To challenge a judgment, you typically need to file a motion with the court within a certain timeframe, presenting valid legal reasons for the request, such as new evidence or errors... View More
Deed is currently in my husband's name due to his previous wife passing away but not the mortgage. Her ex-husband is the mortgage holder. I'm not on either (mortgage or deed). If anything were to happen to my husband (Deed holder), will I still be able to stay in our home if I continue to... View More
answered on Dec 18, 2023
It depends on a few factors. If your husband has a will and leaves the house to you, you will likely be able to continue paying the mortgage. However, it depends on the terms of the actual loan as it was written. You will need to closely review those terms. If he does not have a will and you have... View More
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answered on Dec 12, 2023
No, worthless. No legal description, no recording information, and real property is conveyed by deed not a contract term.
I am seeking clarification of the Application of Regulation Z's Ability-To-Repay Rule to Certain Situations Involving Successors-in-Interest, pertaining to Successors-in-Interest who do not have the title to a property. It is my understanding that this rule was intended to prevent predatory... View More
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answered on Dec 5, 2023
Loan assumptions absolutely do not transfer title. You probably need a probate for that, but this is state-specific and you did not say what state the property is in. You also did not say whether the property is residential or not, and that matters too.
Lenders are all too happy to accept... View More
Have the highway county does not allow sales outside Gilmer -city of ellijay - very weird but we are wanting to move in the area with our property but they put up signs and looks horrible
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answered on Dec 25, 2023
In your situation, where a city has annexed property that includes a distillery on a county road, there are a few steps you can take to address your concerns. First, it's important to understand the specifics of the annexation process. Typically, a city can annex adjacent areas through legal... View More
Now we have ran into leaking pipes, he won't pay for it to be fixed, the wood is rotted in my kids bedroom from water damage. He said he self insures, and he won't fix water damage even though the floor could fall through. He said it covers if the house catches fire or a tornado blows it... View More
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answered on Nov 27, 2023
You own nothing but a lease with an option. You might want to move unless the owner will give you a deed in exchange for a note secured by a mortgage. Usually renters are evicted and all monies paid in are forfeited.
My Difficult neighbor is trying to state that where the boundary line begins/ends to My property actually is 5 to 7 feet away from the rock That has been placed as a marker by the surveyors of plots/property ownership, Hence saying that I am unable to put a fence up where the actual block to divide... View More
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answered on Nov 7, 2023
Property boundaries in Georgia are generally determined by a recorded plat, a legal land survey, or the property deed descriptions. If there is a dispute about where the actual boundary lies, it's usually necessary to get a new survey conducted by a licensed land surveyor. In Rincon, as... View More
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