answered on Mar 24, 2023
I'm sorry to hear about your situation. If your sister's husband's name is on the title to your mother's house, it is possible that he may have a legal right to the property.
However, it is important to note that just because your sister's husband's name is on... Read more »
answered on Mar 22, 2023
Hire a GA attorney to search both titles for an Easement. Photos of ROW use are necessary. Any witnesses to your use are relevant. Your predecessor in title may have also used the same ROW, and his testimony will be critical. Neighbors' Statements Against Their Own Interests can be... Read more »
answered on Mar 20, 2023
If the partners do not agree, the partner who wants to sell can only sell their one-half undivided interest in the whole property, which typically no one wants to buy. If the parties cannot agree to sell the property, one partner may petition the court for a partition action, which would force the... Read more »
Hello,
I am looking for legal assistance to assist me in my efforts to dissolve a property I own with my daughter. We purchased the home on 9 September 2022. She and I were supposed to live there together but due to unforeseen circumstances we are not able to do-habitat.
The sale... Read more »
answered on Mar 17, 2023
Legally, if you could not come to an agreement regarding buying out her ownership interest in the property, you would need to seek a partition, which would split the property. If the property could not be split equitably, the court would order a sale of the property. If you want to avoid that, you... Read more »
Unpaid Principal and interest = $345,275.62
15% of the first $500 = $75.00
10% of the rest = $34,477.56
Total Stat fees = $34,552.56
answered on Mar 17, 2023
OCGA 13-1-11 allows for the collection of attorney fees based on the amount of the underlying indebtedness. The calculation you have performed is correct. However, in cases where the amount of attorney fees is greater than $20,000.00, the debtor can challenge the reasonableness of the fees. It is... Read more »
answered on Feb 28, 2023
A property owner may not divert water onto the property of another in a way that causes damage to the property receiving the excess water. Doing so is considered a nuisance and is actionable.
I owe 18,000. in back HOA fees. Orignially I was told 13,000.00 from the HOA. I called the court and was told to answer the summons via internet. I now work in Seattle WA, but want to keep the property in Georgia. I don't know what my legal recourse is for this. Not sure if they are placing a... Read more »
answered on Feb 28, 2023
Your house is in foreclosure due to unpaid HOA dues and assessments. If you do not answer the lawsuit, you will lose the home to foreclosure. In addition, the complaint alleges damages for unpaid dues that will be a personal judgment against you if you do not file an answer. It is likely a lien is... Read more »
The primary borrower does not expect me to contribute financially to the mortgage, but I know that if the house is foreclosed I will still be liable. What are the general procedures during foreclosure in Georgia, and where would be the best place to put my assets to reduce the risk of losing them... Read more »
answered on Feb 23, 2023
The foreclosure process in Georgia is relatively quick and straightforward. The primary steps are a notice of foreclosure is sent to borrowers/owners at least 30 days before the scheduled foreclosure sale, the notice of sale is published for the 4 weeks immediately preceding the sale, and finally... Read more »
I purchased land in an auction by county and I'm now being told there is no deed. I can only get a cloud on a quit claim deed.
answered on Feb 16, 2023
In Georgia when you purchase property at a county tax sale, you receive no warranty of title. The county transfers the property with a quitclaim deed or tax sale deed. You then have to go through the process of quieting title to have marketable title to sell to another person in a standard real... Read more »
Listed as a co-signer on the loan. Does she need my signature to sell or rent the house?
answered on Feb 13, 2023
No, only the people named on title have the authority to sell or lease the property. With your name still being on the loan, you have liability for payment of the mortgage without ownership of the house. Your divorce decree should outline this, as well as the obligations of the parties moving... Read more »
answered on Feb 10, 2023
You follow the lease you signed until you sign a new lease.
It is common for both residential and commercial properties to change ownership. Leases, security deposits, etc are routinely assigned in such a sale. If you recorded your lease in the deed records before the sale, the new owner... Read more »
His fence was partially in my yard when I bought the place 8 yrs. ago & he knows that. I did say anything to him at that time.
answered on Feb 1, 2023
Hire a competent GA attorney now that conducts real property litigation. If you do not file suit for the Boundary Line Action, you will acquiesce to the present fence line which is physically ascertainable. Title to both properties should be searched for the common boundary. A surveyor may be... Read more »
My Security Deed, Waiver Of Borrower's Rights (3 pages), and Closing Attorney's Affidavit (not done in our presence at closing) are not the original documents. The QR codes at the bottom of the page are bigger than the original closing documents. Someone took our signatures, our... Read more »
answered on Jan 22, 2023
The clerk of court does not maintain the original security deed. Original documents, with the exception of the note, are rarely, if ever, needed in real estate after they have been recorded by the clerk. The closing attorney returns the original security deed and attachments to the lender, who is... Read more »
1. Live in a new, still being developed subdivision.
2. total number of single family homes to be built is 320, currently 232 have been built.
3. Of the 232, 62 are leased homes, there is no cap on rentals in the HOA convenance.
4. HOA will not be turned over to... Read more »
answered on Jan 21, 2023
If there is currently no limit on the number of rental units, the covenants can be amended to restrict the number of rental units. The amendment will have to occur in accordance with the bylaws. If the developer is still in control under the covenants, it will be the developer's choice as to... Read more »
She died 5 years ago. They had a mediation and one brother bought out the other lawyer. Now they want to take the house the car and everything. And the one that lived with her is is disabled. They said in mediation that he agreed to everything but he did not. What can we do
answered on Jan 20, 2023
See an estate lawyer in Georgia for help. Presumably, a court has appointed an executor. If you have a problem with how an executor is handling an estate, the usual first step is to demand an accounting of the estate.
My Uncle was the executor until I turned 18! I am now 50! How do I gain possession?
answered on Jan 19, 2023
If the will was probated, then it should be in the files of the Probate Court of the County where your grandfather lived when he died. This is a public record, and the Probate Court should provide you with a copy of this for a small charge.
If the estate was never closed, then you can... Read more »
I am the homeowner. I had a lease to own contract with a property investor. He had a lease to own contract with the tenants in the house. They attempted to purchase the property and could not receive the funding and passed the due date on the sales contract. 8 months later I evicted them after not... Read more »
answered on Jan 18, 2023
Without more information about the complaint filed by the former tenant, it is difficult to say. The tenant would need to specify which tort you committed specifically. Residency isn't a tort. Whether you breached the contract would be determined by the specific language in the contract. From... Read more »
I closed on a house January 2022. I was contacted by Steve Suarino, of Stephen Law Firm In December 2022, almost a year later, saying after an audit, missing from the statement was the sellers debit for the $4000.
answered on Jan 18, 2023
Deep in the closing paperwork, you likely signed a document that said that if there are errors and omissions in the closing paperwork, you are responsible for paying any amounts owed that were not collected, wrongly credited, etc. Look through your paperwork for an errors and omissions statement... Read more »
answered on Jan 18, 2023
If the writ of possession has already issued, the only way to delay it is to appeal the judgment of the magistrate court. If the writ of possession has not issued, show up to your eviction hearing and request additional time from the landlord. If they are unwilling to give you additional time, the... Read more »
The day it was filed in clerks office or the day it was mailed to the person who did not expect the letter
answered on Jan 18, 2023
Notice occurs on the date the certified mail was stamped and dated by the post office on the certified mail receipt.
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