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Georgia Foreclosure Questions & Answers
2 Answers | Asked in Bankruptcy and Foreclosure for Georgia on
Q: Hello, I have a question related to bankruptcy and home ownership.

I'm a first time homeowner that purchased my home in 1998. I have been living in my home for almost twenty three years. Due to economic hardship, I had to file for chapter 7 bankruptcy in 2010. It has been discharged and no longer showing on my credit report. My question is, what are my rights... View More

Lloyd  Nolan
Lloyd Nolan
answered on Aug 23, 2021

Well, I hate to tell you, you don't know quite as much as you think you do. You mentioned that you have the option to reaffirm your loan. You most definitely do not have that option, as it was off the table after your Chapter 7 discharged in 2010. To be quite frank, I never advise clients to... View More

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1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for Georgia on
Q: The indenture date on the deed under power has the 3rd Tues, shouldn't it be dated the 1st Tues to be a forclosur sale?

The lender foreclosure/indenture date of sale is the 3rd Tues, instead of the 1st Tues. The purchaser that bought the house from the lender has all the foreclosure fees in the HUD STATEMENT. Sale date is the 3rd Tues.

Can a lender avoid going to the court house steps & sell/foreclose on... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Aug 18, 2021

Your second paragraph is answered "It depends." The devil is in the wording of the documents.

The first paragraph does not ask a question.

If your question is only one question involving both paragraphs, again the answer would be "It depends."

1 Answer | Asked in Contracts, Criminal Law and Foreclosure for Georgia on
Q: I posted bond for some one, can I get that back?

How a would go about getting my bond money back?

Lance Mixon
Lance Mixon
answered on Apr 25, 2020

Multiple issues control this. First, is the case over yet. If so, then yes.

In still pending, on misdemeanor cases, after 12 months, you can ask the court to release you as surety.

1 Answer | Asked in Real Estate Law and Foreclosure for Georgia on
Q: Can we foreclose on a house that we don’t fully own? We built expecting to be able to buy the adjacent land

This is in Alabama.....We built our house on some land that we were supposed to be buying. After a fall out with the in laws they won’t sell it. Our house is sitting 5ft over on their property. If we can’t get some form of agreement to buy a portion or an easement can we foreclose on the house?

Homer P Jordan IV
Homer P Jordan IV
answered on Mar 5, 2020

Without knowing the facts of your case in detail it is difficult to provide you with direction. But anyone can choose to foreclose on a home. That doesn’t mean it won’t come result in repercussions though. -Homer P. Jordan IV, Esq. 404-620-1558

1 Answer | Asked in Foreclosure for Georgia on
Q: Hi I just discovered a foreclosure on my credit. I never foreclosed in my life. I had a friend run a check and I do

My ex wife doesn't have a foreclose on her record but I do and according to the background check she and I were not divorced when the foreclosure took place. She did something but I'm not savvy enough to figure it out. I know the attorneys info and everything from the check. I can't... View More

Homer P Jordan IV
Homer P Jordan IV
answered on Mar 5, 2020

I’m sorry to hear this has happened to you. If you have not been a part of a foreclosure you should contact the reporting credit agency and dispute that being on your credit report. They should take steps to investigate the accusation and you can go from there, depending on what their findings... View More

1 Answer | Asked in Foreclosure, Real Estate Law, Banking and Civil Litigation for Georgia on
Q: There's a fake a fake data descent deed conveying land to The Heirs at law my grandmother left me that land in her trust
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 8, 2019

If what you say is true, you will have to hire a probate lawyer who also knows how to litigate.

1 Answer | Asked in Foreclosure for Georgia on
Q: I have a primary and secondary loan on my house. Can they foreclose on the home of I fail to keep up payments on second?

Loans are held by two different banks. If so, what are my options to keep the home?

Daliah Brill
Daliah Brill
answered on Oct 15, 2018

If you continue to pay the loan (Security Deed in first position) that you refer to as primary and stop paying the loan in second position (Security Deed in second position), the lender for the second can foreclose subject to the first or primary loan.

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for Georgia on
Q: Do I have to pay back a government secured guarantee on a foreclosed house?
Timothy Denison
Timothy Denison
answered on Jul 4, 2018

Possibly, yes. Depends on the terms of the guarantee you signed.

1 Answer | Asked in Foreclosure for Georgia on
Q: divorce proceedings....house in both names... by Ga. law can lawyers prevent house from going into foreclosure
Jennifer Isaksen
Jennifer Isaksen
answered on Apr 17, 2018

You are posting in a FL law forum. I would re-post your question in a GA law forum if the home is in GA. Best of Luck! Jennifer

2 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Georgia on
Q: As beneficiary & turning in all pprwrk to mortgage co.they refuse to acknowledge me as new payor on mortgage.What now?

My son died 3 yrs ago, left me as beneficiary to leave his older brother his house to make pymts.The Finance Co.REFUSES to Acknowledges ...my Older Son(that house was left to) nor Myself to Even Discuss this? What do You Suggest??

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Feb 19, 2018

Who owns the house and who is responsible for payments on the house maybe two different people. When your son passed away, I assume he had a will. That will left his house to you for his brother it seems. I assume you have probated his will and the executor has retitled the home into your name or... View More

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1 Answer | Asked in Tax Law, Foreclosure and Real Estate Law for Georgia on
Q: Home behind taxes 4 years 4200.00$ valued 120,000 can the county take the home
D. Mathew Blackburn
D. Mathew Blackburn
answered on Nov 16, 2016

You're question's a bit lite on facts, but I'll try. Depending on what type of tax we're talking about will determine who and when you home could be foreclosed upon for failure to pay tax. Generally, there is no minimum amount of tax owed which determines the foreclosure... View More

2 Answers | Asked in Foreclosure for Georgia on
Q: How long do I have to remove my personal property from foreclosed home.

I live in Ga and have not been served or given any type of paperwork regarding my belongings. I even still have a company vehicle parked there. Wells Fargo owns the home now they say. Domain Realty sign out front.

Rachel Lea Hunter
Rachel Lea Hunter
answered on Nov 2, 2013

The foreclosure sale has already occurred and the bank is trying to sell the home. Are you still living in the home? I am surprised that the bank has not tried to get you out as it will make showing the home difficult. Many banks have "cash for keys" programs and will pay you to get... View More

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2 Answers | Asked in Foreclosure for Georgia on
Q: How long do I have to remove my personal property from foreclosed home.

I live in Ga and have not been served or given any type of paperwork regarding my belongings. I even still have a company vehicle parked there. Wells Fargo owns the home now they say. Domain Realty sign out front.

Rachel Lea Hunter
Rachel Lea Hunter
answered on Nov 2, 2013

The foreclosure sale has already occurred and the bank is trying to sell the home. Are you still living in the home? I am surprised that the bank has not tried to get you out as it will make showing the home difficult. Many banks have "cash for keys" programs and will pay you to get... View More

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