I have paid on time and have sent in paperwork to "update" the name on the loan. The loan servicer tells me I cannot change the name on the loan from my dad to me unless I refinance the house. (I owe less than $20,000). Recently, my homeowners insurance agent told me he cannot renew my... Read more »
Your problem is common. the house did not transfer into your name when your father died. If you and your father owned the property as joint tenants with right of survivorship, you became the owner when your father died. If you owned the house jointly with your father, but not with rights of...Read more »
sign the Quit Deed until the refinance is complete. My mortgage broker says if he doesn't sign the Quit Deed that the payoff from my new lender to my old lender will not take place and the refi will not go through. So, what is the truth? Is there an amount of time after I sign the refi that he... Read more »
Once a person dies, the decedent's power of attorney no longer would be effective. Unless its terms provide otherwise, a contract to sell property would be binding on the decedent's estate. Generally, the personal representative of the decedent's estate would be required to satisfy...Read more »
There are 3 homes involved. Her home on mortgage and 2 I cashed purchased in her name. I just want my property transferred in my name. Can my eldest brother who is the executive of the estate transfer deed to me?
Generally, if there is real property (i.e., land) owned by a decedent at the time of her death, and she had a will, the person designated as executor in the will must file a petition to probate the will and request that he be appointed executor by the probate court. The person named as executor in...Read more »
Leaves his daughter my stepdaughter as the executor of the will and power of attorney. He was the only source of our income for the last 18 years. It's sad anytime that the children if needed To sell they can. He was angry with me at the time he wrote it. Do I have Any rights Or can she sell... Read more »
I recommend that you immediately retain the services of a probate attorney to obtain legal advice about this matter. A probate attorney can advise you of your rights after reviewing the pertinent documents and facts related to your particular situation. In Georgia, a surviving spouse may be...Read more »
The answer depends on whether the house was owned by them as joint tenants with survivorship or as tenants in common. If owned by them as joint tenants with survivorship, her interest would have passed to the co-owner. If it was owned by them as tenants in common, her interest would pass to her...Read more »
You need to consult with a Georgia real estate or divorce lawyer. Most states have some form of "homestead" right. This means that when a married couple live together in a home that one or both of them owns, both spouses have a homestead interest in the residence even if they do not own...Read more »
For sale in Morrow Georgia what legal advice will you give me I have 5 kids and just received this letter from the sheriff office on my door when someone purchase the house at the auction do I have time to look for another place for me and my five kids least 30 to 90 days to be exact
Wow, what a mess. The answer is that you will need to deal with the new owner, which may be the bank. But, whoever buys the home has the right to evict you, so try to locate and speak to that person about your dilemma. You may be permitted, at least in the short term, to pay rent and stay a while....Read more »
Husband who is Georgia resident signed contract to sell land in Alabama which he co-owned with his sister as tenants in common. Husband died 5 days before closing. Does the spouse or administrator have to complete the sale so the funds go into the estate? Or can spouse let Contract expire with... Read more »
Generally, under Georgia law, the estate would be liable for the obligations of the deceased party to the contract (unless the contract provided otherwise). I do not know whether Alabama law is the same on this issue, although I suspect that it is. I recommend that the person who would be the...Read more »
I assume your father has passed away. If so, you are an heir to your grandfather’s estate and have a right to ask the Brantley County probate court to open an estate for your grandfather. You (and your siblings) stand as equals to your uncle. DO not sign anything documents without first...Read more »
My Section 8 tenant died(not in the house) and Atlanta Housing Authority closed the contract, issuing notice that they not responsible after 03/31/2016. The son (caregiver) agreed to move but his brother (not on the lease) had moved into the property and is countersueing my dispossessory action... Read more »
Your lawyer could file an equitable remedies type of civil case against the freeloader, and a motion to have the person who is clearly trespassing PAY a monthly amount, or lump sum amount into court, to cover your estimated lost rental value, in the event the case goes against him. This would be a...Read more »
We just paid our rent. They said it went to the homeowner ad we couldn't get it back. We meet with Magnolia Rental at 12 today. We have only been here 5 months. Please Help!!!! We also got 2 foreclosure notices in the mail in the past 2 weeks ad we turned those into Magnolia ad asked about... Read more »
You should call the District Attorney, about possible Fraud charges against the owner. He took your money, already knowing that he was not able to pay the bank. Cannot assist you to stay in the property, if he no longer is the owner.
You will need to contact a Georgia probate lawyer to begin either an original probate proceeding or an ancillary proceeding in Georgia (ancillary to a Tennessee probate case, if one has been commenced). The Georgia lawyer may be able to get you appointed, depending on your relationship to the...Read more »
The answer depends on whether the property was owned by the co-owners as joint tenants with right of survivorship or as tenants in common. Whether it was owned by the co-owners as joint tenants with right of survivorship or as tenants in common depends on the language in the deed. I recommend...Read more »
My aunt owned house. Has no children. When she got sick. Her older sister started handling her finances. Including adding her and her husbands name to the deed of property. Now all three have pasted away. My cousin currently lives there free. My father is there brother. He was originally... Read more »
You indicate that you aunt (i.e., the older sister) added the names of her and her husband to the property. If by this, you mean that your aunt who owned the property executed a deed creating a joint tenancy with survivorship with her, her older sister, and the older sister's husband, then on...Read more »
I need to know what kind of lawyer I should contact. I was in a long-term (2006- 2016), cohabiting relationship. I also worked for 5 years at my ex’s office. He was a doctor. We were in a committed relationship. He provided a good life, was very busy on his own, and maintaining our household... Read more »
You would need to have the property transferred to you for you to be able to claim the homestead exemption. The security deed may prohibit a transfer of the property without the lender's approval. You should consult with an attorney before undertaking to have the property transferred to you,...Read more »
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