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Georgia Real Estate Law Questions & Answers
2 Answers | Asked in Estate Planning, Real Estate Law, Agricultural Law and Intellectual Property for Georgia on
Q: I found unclaimed misc property what's are my steps to take to properly claim this
James Clifton
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James Clifton
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.

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1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: can the admin, sale the home
James Clifton
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James Clifton
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.

1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: In the state of Georgia, is it required that I remove my deceased husband's name for our house deed if we are joint

tenants with right of survivorship.

James Clifton
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James Clifton
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.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: What happens to my mortgage if Condo exceeds investor ownership % not to be exceeded as reported to Lender?

Does this affect my loan with the Lender? Is there a responsibility to discuss this with my Lender?

James Clifton
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James Clifton
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.

1 Answer | Asked in Family Law and Real Estate Law for Georgia on
Q: Do I have any legal right to partition if not married and name not on title. I can prove financial contributions over.

I have bank statements showing transfer of funds that cover mortgage monthly and extra for other expenses.

T. Augustus Claus
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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

1 Answer | Asked in Real Estate Law for Georgia on
Q: in georgia does a bcd have to be recorded to sever a jtwros deed. if the deed was signed before I became sole survivor
James Clifton
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James Clifton
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

1 Answer | Asked in Contracts, Real Estate Law, Civil Rights and Federal Crimes for Georgia on
Q: My boyfriend and i signed rent to own papers and paid the house off. Owner forged his name left mine off the deed. Legal

They quick claimed it without my knowledge and without my name being added.

Anthony M. Avery
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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

1 Answer | Asked in Real Estate Law for Georgia on
Q: Would it be possible to sue an ex bf if they moved out of home ,,and name is on title deed but not of mortgage .

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 .

James Clifton
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James Clifton
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

1 Answer | Asked in Real Estate Law for Georgia on
Q: I bought property in NC in 2005. I financed the property with Carolina First Bank. This bank was sold several times.

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

James Clifton
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James Clifton
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

1 Answer | Asked in Real Estate Law, Elder Law, Probate and Social Security for Georgia on
Q: How much time do we have in Georgia to challenge a quit claim deed made because of constant duress?

Elderly mother signed quit claim deed of 5 acres of land and small 30 year old mobile home, to adult and oldest of 3 total siblings, to protect it from pending lawsuit. The property was all she had in the world & wanted to make sure she could keep,being her only place to live. One sibling... View More

Anthony M. Avery
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answered on Jun 29, 2023

If that Daughter also got a power of attorney from the Mother, then she was and is a fiduciary. If so, any and all transfers of principal's property to the attorney in fact are presumptively fraudulent. If no poa, then you will need good evidence of fraud with witnesses, and you probably... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: i have a question about financial contingency regarding a house
Anthony M. Avery
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answered on Jun 23, 2023

What is your question?

1 Answer | Asked in Real Estate Law for Georgia on
Q: How do I go about removing some Fi-FA Liens (judgements) from a house I own but may want to sell?

I am considering selling my house that has 4 Fi-Fa Liens (judgements) attached. How do I go about clearing up the liens so a clean title can be transferred? Is there any room for negotiation of amount paid to clear each lien. (Liens are related to credit card debt incurred by ex around time of... View More

James Clifton
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James Clifton
answered on Jun 14, 2023

Everything is negotiable. You can definitely negotiate the amounts owed or hire an attorney to handle it for you. Liens also expire. Having an attorney review the liens and help you negotiate them could save you a lot of money. Once the lien is paid, the lien holder is required to file a... View More

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: My neighbor is wanting to move their fence in my backyard. They say they own part of my backyard.

I have lived here for 42 years and have maintained the yard. Neighbor says they surveyed, and part of my yard is their property. Is there anything I can do?

James Clifton
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James Clifton
answered on Jun 8, 2023

In order to prevail, you would need to assert a claim for adverse possession. Adverse possession requires a lawsuit showing that your possession of your neighbors property was adverse, notorious, open, continuous, hostile, and exclusive and has occurred for the last 20 years. Many of those... View More

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1 Answer | Asked in Real Estate Law for Georgia on
Q: Can NSA's work in GA without an attorney present? Notary Signing Agents (NSA)
James Clifton
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James Clifton
answered on Jun 8, 2023

No, a notary cannot conduct a real estate closing in the State of Georgia if that is what you mean by notary signing agent. The Georgia Supreme Court has stated that real estate closings, including refinances, and deed signings constitute the practice of law in Georgia. An attorney must be... View More

2 Answers | Asked in Real Estate Law for Georgia on
Q: Does adding someone to a deed with no financial investment or obligation give rights to the equity at the time of sell?

We were never married and broke 2 years ago.

Anthony M. Avery
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answered on Jun 1, 2023

If someone owns some type of estate such as a tenant in common, joint tenant with right of survivorship, etc, then they are an owner of the real property entitled to payment for their conveyance of the same. If one party has paid for everything, then he can claim reimbursement of his investment... View More

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1 Answer | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Georgia on
Q: I have a property in Georgia that went into bank foreclosure, it sold for significantly more than was owed.

I understand that the surplus is to go to the title holder but I don't understand how to start that process or how to make the motion to have the trustee send the funds to me.

James Clifton
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James Clifton
answered on Jun 1, 2023

The attorney who handled the foreclosure for the bank receives the money on behalf of the bank at the foreclosure sale. Based on the condition of the title, the foreclosure attorney will either release the funds to the former titleholder if there are no other claimants or turn the funds over to the... View More

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Georgia on
Q: My neighbor recently graded and cut trees down on my property. Do I need to file a civil suit

My neighbor recently graded and cleared a lot next to my property, and in doing so he also graded approximately 75- 100 feet over the property line onto my property. How do you estimate the damage in a dollar amount and how should I proceed to get a settlement?

Jennifer Pierce
Jennifer Pierce
answered on Jun 1, 2023

Based on the facts provided, there may be multiple causes of action that would give rise to damages. The amount of damages would be dependent on many factors, including any devaluation of the property. I recommend that you consult with an attorney experienced real property litigation.

1 Answer | Asked in Civil Litigation, Real Estate Law and Contracts for Georgia on
Q: Is whether a business carries insurance public knowledge? Could I look this information up online?

I am looking for information on a home inspector / LLC owner.

Peter J. Weinman
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answered on May 25, 2023

A home inspector's insurance is not public information. Although you did not say why you're asking, if it's because you want to sue an inspector for failing to spot a problem (the typical reason), you should look to your agreement with the inspector and you'll probably notice... View More

1 Answer | Asked in Real Estate Law and Civil Rights for Georgia on
Q: Special assessment by HOA in Georgia

This year first HOA increased our annual assessment from $700 to $800. Within 5 months into this year, they have now levied $350 as special assessment which is like 45% to our annual assessment. They have not done any homeowner voting for that and has sent us notice today with a due date in 8 days.... View More

Jennifer Pierce
Jennifer Pierce
answered on Jun 1, 2023

The bylaws and covenants of the HOA will determine the procedures to issue a special assessment. You state that the bylaws do not require a vote to issue the special assessment, so there does not appear to be any recourse for you.

1 Answer | Asked in Real Estate Law for Georgia on
Q: My boss wants to file a lien on a property we did the renovation on but was not paid. In GA will we need to file an in

file an intent to lien? Everything pops up it is not mandatory in GA but we want to be sure.

James Clifton
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James Clifton
answered on May 17, 2023

If your boss' company contracted directly with the property owner, a notice of intent to place a lien is not mandatory. Instead, you can move directly to filing the lien within 90 days of when the last services or materials were provided.

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