Get free answers to your Real Estate Law legal questions from lawyers in your area.
answered on Sep 27, 2023
A Georgia attorney could advise best, but your question remains open for a week. It looks like you're searching for an attorney. In addition to your own searches, there's a tab above - Find a Lawyer. There are also attorney referral sections at the websites of many state and local bar... View More 
My defendant has a seemingly well-experienced attorney on HOA law
answered on Sep 19, 2023
You can search through legal directories for attorneys experienced in real estate law. You can also look on the Georgia Bar Association website for attorneys who are members of the Real Property Law Section. Whenever you speak with an attorney, ask them for a list of cases relating to HOA law that... View More
answered on Sep 18, 2023
You can contact the tax commissioner and/or sheriff's office in the county where the property is located and ask for the contact information for the purchaser who won the auction. You can also look in the public records for the tax sale deed which will have purchaser information from the sale.... View More
I loaned money to a client to close on their home. He assured me that I would be repaid by 7/27/23. He signed a promissory note. He has not repaid me. I have been informed that he is possibly going to sell the property.
answered on Sep 8, 2023
If your note was accompanied by a Security Deed against the property, you can initiate foreclosure proceedings to force him to pay, otherwise you get the property. If you have the note only, you will need to sue on the note after making proper demand, if required by the note. Contact a Georgia... View More
The house has not been paid off as yet
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answered on Aug 16, 2023
Yes, you can transfer your property to your trust. All that is required to effect the transfer is a deed.
The real question is what are the consequences if/when your lender finds out. The answer to that question depends on whether the property is residential or non-residential and whether... View More
He had 2 strokes and is disabled but can be very mean. He tells me he will commit suicide if I leave him. I am trying to go move in with my adult daughter 1200 miles away but I need the funds from the house sale to help me start a new life. I lost both of my parents in the last year and am in... View More
answered on Aug 21, 2023
You should not dispose of any assets such as a home, prior to the filing of a divorce. If you want to be able to sell your home, you need to file for divorce and allow the court to determine whether the residence is separate property or marital property, which will allow you to sell, should the... View More
According to DCA Codes specific requirements are specified to reduce noise. I am disabled and the subfloor does not have floors that reduce noise.
answered on Aug 23, 2023
A Georgia attorney could advise best, but your question remains open for two weeks. At this point, you could consider checking with architects or civil engineers, or department of buildings/department of design/or other personnel from applicable public agencies. Good luck
I lost my grandparents around 3 years ago. My mother, also the executor of both estates (and bear in mind we have an extremely strained relationship), inherited almost everything while I ended up with the house. I have received a deed with clear title and it has been filed with the local superior... View More
answered on Aug 5, 2023
If the estates are still open, your best bet would be to petition the probate court to have the items removed or have the estate pay you a storage fee. You could make a claim as a creditor. Since you are the legal owner, you technically have the right to have the remaining personal property removed... View More
I'm in Grovetown, I want to put up a 50-foot tower in my yard for a CB antenna. Do I need a permit, If so how to get it? My yard is 2 acres, there's a neighborhood wrapping around one corner, one side has a street, and the other side is a house with a few acres. plz help and thx.
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answered on Aug 3, 2023
In Georgia, the requirements for permits for antenna towers may vary depending on the local zoning and building regulations in your specific area, such as Grovetown. Typically, the need for a permit may be determined by the height of the tower and other local regulations.
I have a rental house under contract to sell, with closing schedule in a couple of weeks. The house has several judgement liens (Fi-Fa) that must be cleared up. Two different attorneys hold the liens. The closing attorney was authorized to do so and has asked both attorneys to provide a... View More
answered on Aug 1, 2023
As an attorney who handles closing, I understand your frustration. Sometimes the attorney who filed the lien no longer represents the creditor. Sometimes the law firm no longer exists. Sometimes the creditor no longer exists or has died. There are a lot of reasons why it would take a few weeks to... View More
Can someone us a specific power of attorney to convince notary person they have power of attorney over their parents when the specific power of attorney was already voided after 60 days. Would the notarized quite claim deed be valid?
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answered on Aug 1, 2023
If the POA was revoked at the time of Deed execution then there was no valid conveyance. However if no interested party ever files suit to have the Deed declared void, then the purported conveyance remains of record. After many years the voidable Deed is cured. Contact a GA attorney now... View More
answered on Aug 1, 2023
You will need to register for an account with the Georgia Department of Revenue. After verification, you will be able to submit a claim through the online portal for unclaimed property. If you need assistance, schedule a free consultation.
answered on Jul 23, 2023
Yes, if the powers granted by the court give the administrator the power of sale. However, the administrator may ask the judge to approve a sale of the property even if the power of sale was not granted in the letters of administration.
tenants with right of survivorship.
answered on Jul 23, 2023
You will not need to remove his name until you are ready to sell the property. To remove his name, you will only need a survivorship affidavit and a certified copy of his death certificate.
Does this affect my loan with the Lender? Is there a responsibility to discuss this with my Lender?
answered on Jul 22, 2023
Later changes to the investor ownership percentage in a condo do not affect a previously issued mortgage. You have no duty to report this to the lender. It may, however, affect your ability to refinance if the condo does not meet lender underwriting requirements.
I have bank statements showing transfer of funds that cover mortgage monthly and extra for other expenses.
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answered on Jul 21, 2023
In Georgia, if you are not married and your name is not on the title of the property, you may not have an automatic legal right to partition the property. Generally, partition actions are available to co-owners of a property, and if your name is not on the title, you may not be considered a... View More
answered on Jul 16, 2023
The deed between two parties does not have to be recorded to effectuate a transfer of title or a change in the status of joint tenants with right of survivorship to tenants in common. The deed becomes effective when signed by the transferor and delivered to the transferee. Recording the deed puts... View More
They quick claimed it without my knowledge and without my name being added.
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answered on Jul 14, 2023
If you were a signature party to the land contract, then you sue the seller/grantor for breach of contract. Hire a GA attorney that does real property litigation. A Notice Lis Pendens will need to be filed. All interested parties must be defendants (besides you) for setting aside the Deed or... View More
This is an ex boyfriend, when we bought home he was on mortgage .in 2018.He left in 2020 . Leaving me with payments . Then in 2021 I refinanced, and his name came off mortgage . He doesn’t want to make any payments , or made any payments since he decided to leave .
answered on Jul 12, 2023
As joint owners of the property, you are both responsible for the payment of debts. If he is not paying his share, you can force him to pay through a judgment obtained against him for contribution, or you can buy him out of his portion discounted for payments he has failed to contribute to the... View More
The mortgage bank changed hands several times and I think my loan file was lost. I haven't made any payments on the mortgage since 2010. I havent received any communication from the last bank that took over in 2010. I havent received any foreclosure notice. I'm still listed as the... View More
answered on Jul 9, 2023
If the statute of limitations has not run on the mortgage, you cannot pass clear title to a purchaser. No attorney or title company can issue title insurance on the purchase to the new owner with the mortgage still in place. We have recently seen an increase in zombie mortgage foreclosures. Zombie... View More
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