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The back yards are wooded and on slight incline. They also dug out a foundation and start building another house. They dug right next to the tree that fell on my house which softened the dirt and killed some roots.
answered on Jul 13, 2024
Additional information is required in order to provide a complete response. Is the tree located on your property or your neighbors? What is the extent of the damage to your home? Are you sure the fallen tree was caused by the activity of your neighbors? I would recommend speaking with an... View More 
answered on Jun 12, 2024
As a co-owner, your girlfriend has the ability to enter the property and invite guests. However, if you intend to live there with her to the exclusion of her ex, you will both be liable for rent to the ex. If the ex also lives there, you alone may be liable for rent to the ex.
If your... View More
he must be our realtor for any other sales in GA. We have put an offer on land last week before our offer on this house. Would he have a right to a commission on this land sale? He states it is GA law re the 120 days for him to represent us. We live in FL. Thanks!
answered on May 23, 2024
You do not have an obligation to sign any agreement that extends the representation beyond the original agreement. There is no Georgia law regarding length of representation.
Schedule a free consultation to have someone review the paperwork the real estate agent has submitted to you for... View More
Do I have rights to real estate property after divorce decree and signing no claim if i felt under duress?
I had a divorce 3 years ago. I signed divorce settlement with no claim to marital property specifically the residence we lived in over 5 years. I signed the settlement without lawyer... View More
answered on Apr 29, 2024
No, your case is over and the order(s) signed from that case stand, and cannot now be attacked, 3 years later. Unfortunately, when a case is going on is the time to hire an attorney to represent you and help you finalize the matter.
Land is currently in one piece, not designated into 3 as to who gets which piece. My sister is wanting to build a house on her piece that she will get but my mom is refusing to designate who gets what piece because she says it will break the life estate. Will drawing up the tract and designating... View More
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answered on Apr 17, 2024
If Mom and Dad only have life estates, then none of their issue will get anything at their deaths. Hire a GA attorney to search that title and determine ownership. If you stated the facts correctly, then nobody wants to build on the tract. Who is the remainderman?
I let a friend move into my late father's home with the verbal agreement they had 2 years to rebuild their credit to be able to purchase the home for $30k over what was left owed on the loan. The 2 years was up in Feb. They have done nothing to rebuild credit. I need to sell the home asap and... View More
answered on Apr 10, 2024
You will need to provide them with notice of termination of the lease even if they are not paying rent. If they do not leave after the date set for termination, you will need to file an eviction. If you have to file for eviction, you can also make a claim for ejectment in the event that the... View More
I have attempted numerous times to get a loan modification, but my mortgage never approves it. They lie and repeatedly request the same information. I sent that to them, but they say that they never received anything from me. This has been ongoing for the past 4 months. I don't want to lose... View More
answered on Mar 30, 2024
Filing for a loan modification or loss mitigation can be very frustrating and time consuming. The loan servicers make the process very difficult and often times give you very little time to correct any deficiencies in the submission. You have to be persistent, follow up daily, request an... View More
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.
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
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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
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
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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.
Is tenant eligible for medicaid if home in 15 yr old life estate is sold Georgia
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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
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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
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.
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
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?
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
Bank transactions reflect transfer of funds on date of home purchase date
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
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?
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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
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
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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
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?
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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.
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.
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