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Georgia Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Georgia on
Q: I have an incident report of a then "parking committee" person that reported to the board. This person is now a board.

She is now a board member. I filed a incident report 1 5 yrs ago. She trespassed into my home and lectured the laborers about parking. I was told about it when I came home from laborers. Can I still take legal action against her?

Michael D. Birchmore
Michael D. Birchmore answered on Apr 14, 2021

Sorry, but you have not provided near enough information. First, your question states this occurred 15 (?) years ago. Did you mean 1.5 years ago? What do laborers have to do with the situation? Most important question of all would be --- How were you harmed by any of this? It appears that you... Read more »

1 Answer | Asked in Real Estate Law and Animal / Dog Law for Georgia on
Q: I need to consult with an HOA expert.

I am being targeted by the HOA and they are finding me exorbitant amount for my dog being off leash along with other matters of misconduct and abusing board member Authority. I honestly need a pro bono attorney in Atlanta that I can talk to because this is going to get ugly. I have a medical... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 14, 2021

If you are seeking a free attorney or one who will charge reduced rates, I would contact legal aid in your area or I would contact the local and state bar association and ask them if they have a list of attorneys in your area who would consider taking your case on a pro bono basis or at a reduced... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: How do I file an injunction against CHOA to prevent building an 8 story building that blocks sunlight from my home.

The original plan was for a two-story power generation plant built partially undergroud, but plans changed without notice to the adjacent property owners.

Michael D. Birchmore
Michael D. Birchmore answered on Apr 12, 2021

Meet with a real estate attorney and retain him/her to draft, file and serve the appropriate documentation. you will not be able to complete this on your own. It is highly likely you will also face having to pay the other side's attorney fees if you proceed.

1 Answer | Asked in Real Estate Law for Georgia on
Q: I am trying to apply for Homestead Exemption in Cobb County, Georgia, but have been denied.

I have been in Cobb County, Georgia since January 4, 2020, taking care of my 87 year old mother. She is in an assisted living facility in Marietta, Georgia I can no longer afford to pay rent for a place to stay. My spouse and I are separated at the present time, and he deeded a single family home... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Mar 29, 2021

The GA homestead exemptions process can be a little confusing for some. I have provided the web address to the State's website on the matter. Each county may have its own variations though. You are going to need to study it to understand it better.... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for Georgia on
Q: Can a condo developer in the state of GA refuse to turn over HOA to homeowners despite completing/sold >95% of complex?
Michael D. Birchmore
Michael D. Birchmore answered on Mar 28, 2021

Whether / and/or when the developer must turn over the development to the owners is set forth in the initial declaration of covenants and restrictions (C&R). As long as the declaration was recorded properly on the deed records of the county, the owners are deemed to have purchased with full... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: In regards to wholesaling in Georgia, what are some situations, scenarios or things that could get me into hot water

I just want to make sure I’m doing everything legally.

Michael D. Birchmore
Michael D. Birchmore answered on Mar 25, 2021

As you have not provided any details or specifics, we will not be able to provide you with a simple response. It appears that you may be thinking of starting a business. Congratulations! If this is true, the very best advice you can receive now is to find a good business oriented attorney.... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Real Estate Law for Georgia on
Q: A joint mortgage with our daughter & husband: if there's a financial judgment on them is whole home susceptible or 1/4?

In our upcoming retirement, we are considering refinancing our home as a joint mortgage including our daughter and husband. If in the future there is a financial judgment against our daughter or husband, for whatever reason, is the entire home value considered or only their share?

Michael D. Birchmore
Michael D. Birchmore answered on Mar 18, 2021

There are many other pieces of information we would need to provide a competent response. That said, you would not want to include the daughter and husband on the mortgage. Why would you unless they, too, are going to be co-borrowers? Perhaps you are thinking about putting them on the d-e-e-d... Read more »

2 Answers | Asked in Real Estate Law for Georgia on
Q: In GA, wife’s name not on rental property deed or mortgage. If I pass away does she automatically get the house?
Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2021

Your heirs at law will inherit your property at your death which is not titled in anyone else's name or if you die without a will being probated. Your surviving spouse may take the property or she may be a tenant in common with your issue or relatives which are also heirs.

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1 Answer | Asked in Real Estate Law for Georgia on
Q: In Georgia, specifically spalding county, does/do the grantee(s) have to sign the quitclaim deed for it to be valid?

If not, how long does the grantee have to cancel the deed?

I should add this is not a case of estate transfer.

Michael D. Birchmore
Michael D. Birchmore answered on Mar 12, 2021

1. GranTORS sign every deed.

2. GranTEES receive the property interest (ownership) from the deed.

3. There is no cancellation of a deed per se. If a deed is prepared incorrectly (wrong names, wrong property description, etc.) a NEW (corrective deed) is then needed to correct the...
Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Georgia on
Q: If a descendant of a deceased loved one pays for the funeral of the deceased are they the temporary admin of estate?

For example the father passed he had no living relatives but two children. child one says they knew about a will but it is no longer there, the court system has no record of any will being filed. Child two payed for the funeral funds as well as has some of the deceased persons property. Child one... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 4, 2021

Without a Will being probated, the Decedent died intestate. His heirs at law are the owners of the land, as tenants in common of undivided interest. Hire an attorney to determine heirship, file an Affidavit of Heirship, and possibly draft a Deed for the other heirs to transfer to one heir.... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Georgia on
Q: My Dad is separated. His wife wants to sell he does not. What rights does he have?

They are going through a divorce. He is a senior with no other means where to live. She is also paying a portion on the condo. But he does not have any other means of paying that portion. So, According to Puerto Rico what are his rights as a Senior and part owner? And she left the home and he is... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Mar 3, 2021

If they divorce it’s likely to be considered marital asset and they may have to sell it to divide it. It all depends on the facts of the case and what the judge decides. If he’s not working with an attorney for the divorce he should considering doing so. If he is ordered to sell, then he may... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Georgia on
Q: Good morning I have a question about my recent filings i had filed quit claim deeds and an executors deed.

But the attorneys are telling me that i filed it into a trust how do you file with placing it into a trust? Is there another system that we would have to go through? My client is wanting to sale her home but she has 11 siblings and her mother is the executor of the estate. The attorneys are... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Feb 26, 2021

You have referred to the owner as being "my [your] client." If you are representing someone in a legal matter you must be properly licensed to practice law in the state of Georgia. Only licensed attorneys may do what you have described. You should be very careful as you decide your... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: Should I do anything

You

My son lived in my old house for 15 years. He did not pay rent but did pay property taxes and did a few upgrades. We asked him to start paying rent due to my sickness and needed the extra income. He refused and we had to go through a long eviction process. He is now trying to sue me and... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Feb 26, 2021

If you have been served with a lawsuit ("sued"), you need to retain legal counsel right now. You have a limited amount of time to file your response to the lawsuit. If you do not respond in a timely manner, you could lose the case and the property.

1 Answer | Asked in Real Estate Law for Georgia on
Q: If granted an easement on property accessible only by that easement, can new owner of the property not acknowledge

Threaten, block me from getting to my land. Harassing me

Anthony M. Avery
Anthony M. Avery answered on Feb 19, 2021

This happens daily, everywhere. You will need a competent attorney to conduct title searches on both adjoining parcels, then draft a suit to enforce your easement and enjoin his attempts to terminate it. Time is essential here, and if you wait too long, you will lose the easement.

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: If a deed is worded with the owner's name and then ending with the words "Family Trust", what happens upon their death?
Nina Whitehurst
Nina Whitehurst answered on Jan 14, 2021

The name of the trust does not shed any light on what the plan of distribution is at the trust creator’s death. The only way to answer that question is to review the trust instrument itself.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: I live on a 3. 5 acre island in a Georgia river. There is no deed, title. How do i obtain legal ownership?
Anthony M. Avery
Anthony M. Avery answered on Dec 7, 2020

That island is probably part of a larger tract titled in someone, who is probably paying taxes on it. Hire a competent attorney to search the title. Accretion probably does not help here, although that or Avulsion may be be the reason for the island's existence. The title search should... Read more »

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Georgia on
Q: NEED A ESTATE LAWYER DEALING With PROBATE PROPERTY ISSUES
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Dec 6, 2020

My firm handles only probate issues including real estate issues arising from the death of someone. Give us a call on Monday. 770-469-8887.

1 Answer | Asked in Elder Law, Personal Injury, Products Liability and Real Estate Law for Georgia on
Q: I want to install a wheelchair lift in my home in place of the stairs. Is this allowable or do I still need stairs?

I am going to purchase the lift from a dealer. Have it professionally installed and enclose it. This will be for a 2 story residential dwelling. I will get it inspected. The question really is do I still have a stair requirement?

What are the laws for selling aftward

Tim Akpinar
Tim Akpinar answered on Nov 20, 2020

A Georgia attorney could advise best, but your question remains open for four weeks. If you are unable to consult with an attorney on this, a Georgia architect could possibly offer guidance about where to research building codes, fire safety codes, or other applicable statutory authority. Good luck... Read more »

1 Answer | Asked in Real Estate Law for Georgia on
Q: My lease holder passed away, her family has few more things in the house, I have ask them repeatedly to come and remove

Them. Can I box them up and sit them out doors and not get sued. I sent a cerferied letter, informing her.

Ellaretha Coleman
Ellaretha Coleman answered on Nov 9, 2020

No. You have to formally have the lease terminated through landlord tenant court.

1 Answer | Asked in Real Estate Law for Georgia on
Q: What is our liability when buyer wants repair money after closing on house sold "as is"

House sold "as is" with clause initialed by buyer and sellers. Disclosure of basement leaks/repairs made on standard real estate form for sellers. Now, there is a new leak. Buyer wants more money. Says neighbor told her leaks were common occurrence which isn't correct.

Seth Meyerson
Seth Meyerson answered on Oct 16, 2020

Probably not liable for new leaks. Talk with a Georgia attorney about the particulars.

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