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Georgia Real Estate Law Questions & Answers
1 Answer | Asked in Civil Litigation and Real Estate Law for Georgia on
Q: My HOA emailed out monthly financial that included a list of all delinquent homeowners. Is the HOA in violation?

Should the homeowners speak with attorney? This is violation of Georgia privacy act seeings as none of the homeowners gave consent to release personal account information, to include name and delinquent amounts. The next day HOA sent an email to apologize but the damage is done.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 12, 2019

Yes, it is best to consult an attorney to discuss the specifics of your circumstances.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Georgia on
Q: Help! Company leasing to college kids said it’s unbreakable!?

I’m a college student who got a sublease to cover for me while I moved out of Athens to Atalanta for work. My contract said you can’t buy out of the lease or transfer it over to someone else and they don’t have a clause for if a tenant were to get hurt or move they said it’s not going to... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 2, 2019

More information is needed to provide you with an accurate answer. It is best to consult an attorney who can review your lease and provide you with a more tailored response. We are glad to assist you. Contact us soon!

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Real Estate Law for Georgia on
Q: What to file for fraudulent SERVICE to allow to counterclaim on SMALL CLAIMS case (6/28) scheduled for default on 12/26?

Small claims case is scheduled for default hearing on 12/26, AFFIDAVIT OF SERVICE filed 07/01 appears to be fraudulent. What to file to remove default and allow to counterclaim? Defendant learned about the case after 30+15 days ellapsed, filed on 10/16 Opposition to "Request for Default Judgement"... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 2, 2019

You need to contact an attorney As Soon As Possible. More information is needed to provide you with an accurate answer. There are defenses available to you.

We are glad to assist you. Contact us today. I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Georgia on
Q: Problems with holes in the wall when i moved in, but no response from landlord.

There are holes in the wall and ceiling, I'd not noticed when i first looked at the place, but noticed and noted on move in inspection- though the holes at the baseboard i noticed just days AFTER. I contacted manager on the Nov 6, but did not get back to me, until i again contacted them on the... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 28, 2019

More information is needed to provide you with an accurate answer. What type of holes? Are they the result of insect/animal activity? Are the holes the result of water damage? Do the holes prevent you from doing something in your home? Does it threaten your safety/privacy?

We are glad to...
Read more »

1 Answer | Asked in Real Estate Law and Civil Rights for Georgia on
Q: What can I do?

Me and my ex fiance bought a house last Nov, she moved out in April. Shes on the deed but not mortgage and wont sign a Quit Claim Deed. I also found out shes moving into a new place.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 23, 2019

More information is needed about your case in order to provide you with an accurate answer. You should consult an attorney who will go over the details of your case and provide you legal counsel tailored to your need.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Real Estate Law for Georgia on
Q: How can I get rid of an inoperable auto on my property?

The owner has said he will pick up the car but has not done so.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 22, 2019

More information is needed in order to provide you with an accurate answer. It is best to contact an attorney who will examine your facts and the the law related to it.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Is the claimed ownership of local City government property in GA by adverse possession legal?

In a nutshell:

I was sold a strip of undeveloped land in the right in the heart of a small city in Georgia. It was purchased in 2008 at the Fair Market Value of $5,000. This .8 acre strip of land is adjacent to more then 4 acres of land already owned by me. This strip of land also had a... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 22, 2019

More information is needed to determine the merits of adverse possession. It is best to contact an attorney who will examine your specific facts in light of Georgia law.

We are glad to assist you whenever you are ready. I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: My old landlord will not provide new owners contact information after selling my rental house before lease was up

I also found out that she was selling the house or that the house was sold on the day the house sold and now she's calling asking if we are found a place to move yet but my one-year lease isn't up until February

Paula J. Mcgill
Paula J. Mcgill answered on Nov 22, 2019

Look at your lease. If the lease doesn't terminate if the house is sold, the new owner takes subject to the lease. He or she will have to wait until February unless your lease is bought out by agreement or there is an early termination provision in the lease.

1 Answer | Asked in Civil Litigation, Real Estate Law and Land Use & Zoning for Georgia on
Q: what is the law in rabun county for abandoned vehicles and houses on uncared for land?

@ 573 david drive this house is a nuisance and so is the vehicle parked at or in the right away for months now. just need some direction

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 18, 2019

The best practice in this case is to contact Code Enforcement.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Business Law, Real Estate Law, Civil Litigation and Landlord - Tenant for Georgia on
Q: Our HOA in Georgia permits Action Without Meeting. To remove directors how many members must we have sign this action?

We will have at least 40% of total HOA members signing. Is that total good if we are considering the total of number of members who decide to vote at all vs. total number actual HOA members?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 18, 2019

Your HOA’s bylaws and covenants should provide guidance on this matter. If it does not contain the information, it may be best to speak with an attorney about the specifics of your case.

We have expanded our practice area, and we are glad to assist you. Call us today.

-The Upshaw...
Read more »

1 Answer | Asked in Business Law, Real Estate Law, Civil Litigation and Landlord - Tenant for Georgia on
Q: Our HOA in Georgia permits Action Without Meeting. To remove directors how many members must we have sign this action?

We will have at least 40% of total HOA members signing. Is that total good if we are considering the total of number of members who decide to vote at all vs. total number actual HOA members?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 14, 2019

It is best to refer to your covenants and/or bylaws; it should contain the rules about this topic. If your covenants and/bylaws do not contain the information, it may be best to consult an attorney who can assist you with the specifics of your case.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Real Estate Law for Georgia on
Q: What are my rights to property if my name and my ex-boyfriends are on the deed but he is the only one on the mortgage

We are breaking up I asked him what he wanted to do about house he said it would be best to take my name off the deed I said not without negotiating a fair amount my lowest price was 21K seems more than reasonable to me especially when I know he has it in the bank.

Paula J. Mcgill
Paula J. Mcgill answered on Nov 3, 2019

The two of you may want to hire an appraiser to determine the market value of the property.

If you are going to split the equity in half, you would be entitled to 50% of

The value of the property

Less

The outstanding mortgage

You may want to consult with a...
Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: My question is whether or not the HOA president is acting legally and ethically

Hi I have a client who wants to sell her townhouse in a community with an HOA. According to the HOA President, she has $25,000+ in dues unpaid. There is also a tax delinquency, which may send the property to auction. She hasn't lived there in almost a decade, and the community looks like a third... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Nov 3, 2019

Look at the bylaws first. That may answer several of your questions.

Also, there may be an issue with self-dealing and breach of fiduciary duty. This would be a corporate litigation matter if it is not addressed in the bylaws.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Do I have a right to privacy & quiet enjoyment if lease says my LL can access the premises at any time/for any reason?

I currently rent one of two rooms in the basement of LL's home which has a private entrance. My LL and her family reside above the basement. At times, she or a family member has come to the basement during or after showering to inquire or complain about my water usage. She does not give notice and... Read more »

Paula J. Mcgill
Paula J. Mcgill answered on Oct 27, 2019

You signed a lease that gave the landlord unlimited access. I've had cases with similar provisions. In those cases, the judge held the tenant to the lease.

If you don't want the landlord to access your room while you are in, use a mobile security bar. They sell them on Amazon. It fits...
Read more »

2 Answers | Asked in Contracts, Personal Injury, Real Estate Law and Landlord - Tenant for Georgia on
Q: What do you call a matter where the Plaintiff’s claims are actually the defendants claims but Plaintiff filed first.

Landlord/Tenant issue

Paula J. Mcgill
Paula J. Mcgill answered on Oct 27, 2019

If a Defendant has claims against the Plaintiff that arises out of the same transaction and occurrence, the Defendant must file a counterclaimat the time an answer is filed unless the matter is in Magistrate Court. You have additional time to file it in that court.

Check the rules or...
Read more »

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1 Answer | Asked in Real Estate Law for Georgia on
Q: My neighbor is landlocked and has used my driveway to access her property for 50 years. What are her easement rights

and can she transfer them upon sale of her property

Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

She has an easement by prescription for the driveway if she does not have an express easement. Yes, these easements are transferable.

1 Answer | Asked in Real Estate Law and Business Law for Georgia on
Q: The manager of our company used tenant's deposit to pay loan, then return back to account. Is that serious legal issue?

The manager of our company used our company's money to buy houses, use his private name for contract and HUD, than contribute these houses to the company in the same day. Looks very uncomfortable. Is that break the law?

Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

It depends. An attorney would have look at the details here. At first blush, I though that the transaction you were describing was criminal. After reading that the manager contributed the houses back to the company, the transaction seems less sinister. As far as hud goes, that is another... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: Hello

I broke a rule in my lease. Probably manager texted me and said that I have to leave property by November 12 due to breach. I was informed one week ago and the property manager said that the sixty days began when lease was breached... and not when I was informed of early termination

Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

I think I have answered this question. I would not assume because your broke a term in your lease that your lease has terminated. See an attorney.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can i pay my delinquent taxes and keep my property after sale
Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

I assume that you are writing about a tax sale of your property. Yes, you can pay your taxes and recover your property for a certain amount of time after a tax sale. See an attorney for details.

1 Answer | Asked in Real Estate Law for Georgia on
Q: I have a 1/2 undivided interest & life tenancy in a home. If I move out, don't I still have 1/2 interest in the property

I'm 80 and want to go live with relatives out of state. I have life tenancy in my house and the warranty deed I set up says I have "one half undivided interest in the property for and during my natural life." I want to know if the remainderman has unrestricted right to do whatever he chooses if I... Read more »

Seth Meyerson
Seth Meyerson answered on Oct 14, 2019

If you move out you retain your 1/2 interest. You can sell your interest to the remainderman. If rent is collected, you are due 1/2 of this after expenses. IF he sells the property it will be subject to your life estate. One cannot sell what one does not have, and the remainderman does not have... Read more »

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