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Georgia Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Georgia on
Q: I have a person who performed a quick deed that was forged with a date of a year before the house was built.

They also filed it in a different county than where the house is.

Anthony M. Avery
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Anthony M. Avery
answered on Nov 17, 2022

Hire a competent GA attorney to Quiet the Title if you feel the Deed is a Cloud on your Title. Otherwise it is not your concern. Especially when it is not filed in the County where the subject property lies.

1 Answer | Asked in Estate Planning and Real Estate Law for Georgia on
Q: How should a Joint Tenancy With a Right of Survivorship be Created?
Anthony M. Avery
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Anthony M. Avery
answered on Nov 4, 2022

Generally by a Deed conveyance from the grantor to the grantees with that specific estate language in the habendum clause, and sometimes also in the granting clause.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: Can I sue my title company for failing to disclose litigation about my home being built on my neighbors land?
Anthony M. Avery
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Anthony M. Avery
answered on Oct 10, 2022

You need a competent GA attorney today. Title co will claim it does not represent you, so very weak causes of actions apply. Seller may be liable on covenants of title, but maybe not. Also someone should have looked at survey, and you do have some responsibility. You have bought a lawsuit.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Is there a legal deadline for filing discovery in GA by the defendant or plaintiff?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 3, 2022

You have to go to Court and file a Motion to Compel Discovery. If the Order is not adhered to, then you ask for Sanctions.

2 Answers | Asked in Bankruptcy, Real Estate Law, Arbitration / Mediation Law and Collections for Georgia on
Q: My condo association and I are at odds over assessments, fees, and interest. For water and association expenses,

I declared bankruptcy in 2016. I received a ledger from Lazega & Johanson, a collection law firm, very away after receiving my bankruptcy discharge. It stated that I owed them an absurd sum in association dues, which included fees and interest.

I discovered after looking at the charges... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Sep 23, 2022

Per Bankruptcy Code 523(a)(16), these debts are probably not dischargeable in bankruptcy, so you would continue to owe them. Whether they represent an accurate balance of what you owe is a different issue.

I suggest clearly breaking down all charges and payments made (like a statement),...
Read more »

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1 Answer | Asked in Real Estate Law and Estate Planning for Georgia on
Q: If you have Durable power of attorney over your Dads estate and the will was never probated, can you sell property

Within the estate without an attorney? I want to sell one of my dads houses before it goes into foreclosure, my sister lives in the home but can no longer pay the mortgage. need advice quick in Macon Ga

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 16, 2022

POAs are terminated by the Principal's death. Since the Will was not Probated, it has no effect. The Heirs At Las of the deceased owner are the owners of the real property. Contact a competent GA attorney to determine Heirship, then draft an Affidavit or the Deed stating the... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: Real Estate lawyer, taxes, deed, reverse Morage?
Anthony M. Avery
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Anthony M. Avery
answered on Aug 9, 2022

What is your question?

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Georgia on
Q: If my mother dies and she named me in her will to receive her house, do I have to go through probate?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jul 7, 2022

Whether probate is necessary depends on how your mother has the house titled at her death.

1 Answer | Asked in Estate Planning, Real Estate Law and Adoption for Georgia on
Q: What's rights do an adopted child have when inheriting property after the adopting parent passes away?
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 12, 2022

If a child is legally adopted in Georgia, he or she will have rights to inherit from their parents the same as any child who is the biological child.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can I sell my home if I have federal and state tax leins more than the proceeds from the sell?

Plan on using the money to pay down the leins, but who gets paid first? State or IRS?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 5, 2022

That would not be a smart move unless the revenue officers are levying on other property such as bank accounts. You would be better off hiring a GA attorney to explain the applicable SOL's after a title search. Then make a decision on any type of conveyances subject to the liens.

1 Answer | Asked in Real Estate Law, Estate Planning and Family Law for Georgia on
Q: Is the transfer of property after death, without a will, automatic for couple living in separate maintenance?

If, in the separate maintenance agreement, one side kept the co-owned home and renamed in their name only while the other bought their own home with the decree settlement, do both properties automatically transfer to the surviving spouse if there is no will? In other words, can one spouse move... Read more »

Elizabeth Cruz Noellien
Elizabeth Cruz Noellien
answered on Mar 11, 2022

If your name was not on the property, then then the estate will have to be probated in Probate Court and the property will be distributed to his heirs. As a spouse you are considered an heir, however, you will need to look at your separate maintenance agreement as to whether you gave up your rights... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: I want to amend my property line. I spoke with neighbor, we agreed on price. I had it surveyed. Can we do a quit claim?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 8, 2022

Hire a competent GA attorney to draft and record a Boundary Line Agreement. Mutual Quit Claims to the other for property on the other side of the surveyed boundary is what it mainly entails. But you still need to describe the Beginning Point and ending corner, so you need a good lawyer that can... Read more »

1 Answer | Asked in Consumer Law, Family Law, Real Estate Law and Child Support for Georgia on
Q: I need to have a lien filed for child support arrears balance exceeding $25k in Cobb County.

Need help finding an attorney that can help get a lien filed against non-custodial parent real estate property in Cobb county, ga. I’m

Homer P Jordan IV
Homer P Jordan IV
answered on Mar 3, 2022

Have you reached out to any Cobb County attorneys to see if they can help you with your case? Start there and have a consultation.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Georgia on
Q: Georgia resident died with a will but a property in France was not included in will. Which law applies to this property?

US citizen (Georgia resident at time of death) had a land in France. He had a will but that specific property was not included in Will. What inheritance law applies to this property? Georgia law or French law? I would appreciate if you quote the georgia law section that mentions that.

Many Thanks

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 3, 2022

The Residuary Clause of the Will includes non-devised real property. So the Residuary Beneficary owns the land. You will have to hire a French attorney to cure title there, but I am sure a certified copy of the Probated Will is necessary for ancillary administration.

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: My mother died 1-17-2022. I've got a petition in probate. I'm the only child. My mother never married. My judgment is

Is set 3-02-2022. My mother boyfriend won't leave. What do I need to do

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 2, 2022

After you are granted Letters of Administration, hire an attorney to prosecute the eviction process.

1 Answer | Asked in Real Estate Law for Georgia on
Q: If I already owned the property and my lawyer tricked me into signing a Petition For Grant Of Private Way?

Does a Petitioner Brief In Support Petition For Grant Of Private Way need to be filed first to receive the Petition For Grant Of Private Way?

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Mar 2, 2022

Not necessarily. Prior to a lawsuit being filed, the parties to a dispute, need, controversy, etc. may enter into land agreement(s) which will resolve the dispute, need, controversy, etc. If the agreement is good for both sides, it can save them a great deal of money by not having to litigate the... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: What kind of lawyer do I need for a forged property Deed ?

This property is in McDuffie County. My grandparents land . Okay This land was let to the family . So I received a letter from a lawyer asking me to sigh so the property can be given to my Auntie’s daughter . My Auntie has been paying the taxes since my grandparents passed . Now she has passed... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 23, 2022

Hire a competent GA attorney that practices real property litigation.

1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for Georgia on
Q: Where do I find and check official sources?
Homer P Jordan IV
Homer P Jordan IV
answered on Feb 23, 2022

Are you referring to ensuring lawyers are legal to practice in the state? You can call the state bar to make an inquiry regarding that. They will also tell you if there are complaints against an attorney.

1 Answer | Asked in Mergers & Acquisitions and Real Estate Law for Georgia on
Q: Will a quick claim deed with no language stating that a merger would not taking place cancel a deed to secure debt ?

I had the deed to secure debt due to a loan with property owner

two years later due to ongoing financial help half interest in the deed was quick deeded into my name The property has foreclosed and the homeowners accosiation is vying for a portion of the excess funds and there position is... Read more »

Glenn M. Lyon
Glenn M. Lyon
answered on Feb 9, 2022

I don't follow your posting and the situation is likely too complicated for an online forum like this anyway. You should retain a local real estate attorney to advise you. And just FYI, it is called a "quit claim deed."

1 Answer | Asked in Real Estate Law for Georgia on
Q: Buyer of mobile home has not removed it from my land as agreed. Sold for 20K and superior court says they can't help.

I have texts saying when the trailer should have been moved, the buyer will not respond. I advised the person in early Dec that Jan 17th was deadline and that I would not close if she could not move the home, she said it would be gone ..its Feb 1 and there are still no efforts to remove it. I... Read more »

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Feb 4, 2022

You state that you spoke with the Superior Court Clerk to learn what to do. By GA law, no person other than an attorney licensed to practice las in GA may answer that question. Under law, if the Clerk had rendered an opinion, she/he could be charged with a crime. You should now direct your... Read more »

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