when my daughter moved to the USA few years ago to study i sent her money to buy an Condo so she has a place to live. For years i asked to be added to the title which she always found ways to avoid . Now after many arguments she is saying being "willing" to sign whatever document i bring... View More 
answered on Sep 27, 2023
There are a lot of things to take into consideration. First is the authority to sell. If she is the only person on title, she will need to assign you power of attorney to sell on her behalf. She could also transfer the property to you through a deed. Second, there may be additional taxes if either... 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
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answered on Sep 18, 2023
Reclaiming real estate property in Georgia that was sold at a tax auction during the redemption stage involves a structured process. You have a one-year redemption window to reclaim the property by paying the delinquent taxes, accrued interest, penalties, and any additional fees. Start by... 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
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 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
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
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
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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
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
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
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
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?
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answered on Jun 8, 2023
Start putting your witnesses together: attorney to search both titles; surveyor to survey only the common boundary; and persons with personal knowledge that you have mowed, cut timber, farmed, hunted, parked vehicles, etc. this part of your property for many years. If he puts fence on your... View More
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