Get free answers to your Real Estate Law legal questions from lawyers in your area.
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.
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.
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
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
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
answered on Jun 23, 2023
What is your question?
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
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
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?
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
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
We were never married and broke 2 years ago.
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
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.
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
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?
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.
I am looking for information on a home inspector / LLC owner.
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
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
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.
file an intent to lien? Everything pops up it is not mandatory in GA but we want to be sure.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.