Georgia Real Estate Law Questions & Answers

Q: My step dad's mother died, and he is severely depressed. My mom needs to know her rights as his spouse?

2 Answers | Asked in Family Law and Real Estate Law for Georgia on
Answered on Feb 17, 2019
Kim Ebert's answer
Your question is vague as to what real estate you're asking about.... his deceased mother's or real property your step-father and mother own jointly or separately. A competent attorney can answer your questions. Have all the pertinent facts readily available for the consultation.

Q: What steps to take,my husband(soul provider & only income) gets me & our kids evicted,then leaves the home with mone

3 Answers | Asked in Family Law, Real Estate Law, Domestic Violence and Landlord - Tenant for Georgia on
Answered on Jan 28, 2019
Regina Irene Edwards' answer
You need to file for divorce and ask for emergency financial support. You may or may not be able to delay the eviction. You will need to talk to a landlord tenant attorney about that.

Q: The best way to leave my daughter and not my wife my home without adding my daughter to the deed if my wife is on deed

1 Answer | Asked in Estate Planning and Real Estate Law for Georgia on
Answered on Jan 2, 2019
Robert W. Hughes Jr.'s answer
Your situation is not unusual, but is certainly a sticky wicket. There are three ways to accomplish your goal.

1. Draft a will leaving a life estate to your wife with the remainder to your daughter. This creates possible accounting night mares if the will is not properly drafted. However, it will be effective for leaving the house to your daughter.

2. You can name you, your wife and your daughter as joint tenants with rights of survivorship. I assume your daughter will outlive...

Q: If my wife and I refinanced a home that she had prior to our marriage, is that now considered community property?

3 Answers | Asked in Real Estate Law and Divorce for Georgia on
Answered on Dec 3, 2018
Regina Irene Edwards' answer
If you and your wife refinanced together during the marriage, it most likely is marital property.

Q: Does the trustee has the right to take the land and house?

4 Answers | Asked in Bankruptcy and Real Estate Law for Georgia on
Answered on Oct 23, 2018
P. Justin Thrailkill's answer
You cannot simply remove him from the deed. He would have to execute a deed in order to do this. Even if he did, the bankruptcy trustee may see this as a fraudulent conveyance and come after it for that purpose. He doesn't have to contribute anything to the asset to own it, which he apparently did at one point. You need to consult with a bankruptcy attorney yourself to see what steps need to be taken to protect the house. Please note, your relationship with him is irrelevant and he did not...

Q: Only my husband's name is on the deed and mortgage to our house. He passed away. Am I responsible for repaying the loan?

1 Answer | Asked in Real Estate Law for Georgia on
Answered on Sep 9, 2018
Vincent Gallo's answer
Not personally, but if you do inherit the real estate you take subject to this mortgage.

Q: Is my daughter legally required to pay lot rent of the previous owner of a mobile home she just purchased?

1 Answer | Asked in Real Estate Law for Georgia on
Answered on Aug 7, 2018
Daliah Brill's answer
Did she sign an agreement to place her trailers on “rent to own” lot(s)? I’f so, what type of agreement did she sign?

Q: i recieved a dispossessory proceding, how do i dispute this?

1 Answer | Asked in Arbitration / Mediation Law and Real Estate Law for Georgia on
Answered on Aug 3, 2018
Thomas A. Grossman's answer
I assume you mean you received "Notice" of a dispossessory proceeding. I have never heard of that. I must also assume that you must attend the proceeding if you want to fight it. Since you are in Georgia, and I live in Palm Springs, California, I can't comment on Georgia law. You should contact the Court where the proceeding is to be held to find out more information on it. I assume your father should be at the hearing and testify on your behalf, although this sounds like something that...

Q: Per our divorce decree my ex wife was suppose to sell or refinance the home under her name.

2 Answers | Asked in Family Law and Real Estate Law for Georgia on
Answered on Jul 23, 2018
Regina Irene Edwards' answer
You can file for contempt. Unless your divorce decree allows you to reclaim the home, then that remedy is not available. If the divorce does not mandate that she be removed from the title if she is in default, the judge cannot order that either. The judge cannot change the decree - just enforce what the original decree says.

Q: I assumed a mortgage loan from my mother's home in GA. She died intestate in 2012. What type of deed do I file?

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Answered on Jul 19, 2018
Robert W. Hughes Jr.'s answer
You should prepare an Administrator's Deed transferring the home from your mother into your name. This assumes you have paid all debts of the estate and have paid all other heirs whatever their inheritance should be. Further, as temporary administrator, you have no authority to transfer real estate without specific approval form the probate court.

Q: If a mother has passed away and leaves 50/50 to the son and daughter.can the sister got rent from him to buy her out

1 Answer | Asked in Probate and Real Estate Law for Georgia on
Answered on Jul 18, 2018
Regina Irene Edwards' answer
This isn't a family law questions. Try trusts and estates section.

Q: Do I have to pay back a government secured guarantee on a foreclosed house?

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for Georgia on
Answered on Jul 4, 2018
Timothy Denison's answer
Possibly, yes. Depends on the terms of the guarantee you signed.

Q: If I signed a quitclaim deed to my exspouse but my name is still on the mortgage can I resind the deed?

2 Answers | Asked in Divorce and Real Estate Law for Georgia on
Answered on Jun 6, 2018
P. Justin Thrailkill's answer
You cannot modify property division at this point. Take your decree to an attorney and let them look at it to see if there is any way to accomplish what you are trying to do based on the language of the decree as written.

Q: how do you answer this question if you have a misdeameanor?

1 Answer | Asked in Criminal Law and Real Estate Law for Georgia on
Answered on May 28, 2018
David Edward Boyle's answer
You answer it truthfully. If the misdemeanor you were arrested for is not listed than you say no.

Q: Is a no Information/False Information of name, address or birthdate considered fraud?

2 Answers | Asked in Criminal Law, Real Estate Law, Civil Rights and Landlord - Tenant for Georgia on
Answered on May 27, 2018
Gary Kollin's answer
Here are two sentences from an article found on the internet by googling the terms "fraud definition legal."

I am also providing you the link. This is not a definition according to Georgia statutory and case law.

"Fraud

A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon...

Q: Do I need an Attorney

1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Answered on Apr 9, 2018
John W. Chambers Jr's answer
I suggest that you consult with a real estate attorney. You should obtain insurance on the property, and this usually is obtained through the closing attorney. Unless the closing attorney represents you, you might be well served by retaining a real estate attorney to represent you. This response does not constitute legal advice and does not establish an attorney client relationship between us.

Q: What do we do when my husband's name is on his mother's deed?

3 Answers | Asked in Probate and Real Estate Law for Georgia on
Answered on Apr 4, 2018
Ben F Meek III's answer
I understand your situation to be this: Your husband and his late mother are the Grantees in the Deed to the property you both live in. If your husband and his mother are shown on the Deed as owning the property as "Joint Tenants with Right of Survivorship" or closely similar language, all your husband may need to do is complete and record an Affidavit of Termination of Joint Tenancy or whatever the state calls their version of such a document. In it, the surviving Joint Tenant swears under...

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