The house was my primary residence until I moved out of Georgia over 10 years ago. Unfortunately, the house fell into disrepair, so I sold it for a loss of about $30,000.
What are my tax implications? Do I even need to file in Georgia (given that it's a loss)? I'm only asking... View More 
answered on Jan 28, 2020
No income on sale due to the loss, no deduction on loss since it's personal property.
You should file a non-resident return just in case the state has a copy of the 1099-S.
If they do and you don't file they'll send you a bill for tax on the gross sales proceeds.
Kind of a headache to fix.
It was stated in the gift letter that it does not have to be paid back it is a gift. Now party says it was a loan and wants the entire amount paid back. What happens?
answered on Jan 23, 2020
More likely this will/can be settled in small claims, depending on the amount specified in your jurisdiction. It is best to contact an attorney who can assist you with the specifics of your circumstances.
If you and the property are in Florida, you should contact an attorney licensed in... View More
My now ex and I purchased a house last year. Both of our names are on the deed & mortgage. We tried to live as roommates but that was not worked. I recently moved all of my belongings from the home. He claims I abandoned the house. If I still pay utilities and have mail coming to the house can... View More
answered on Jan 13, 2020
He doesn't know the law.
You still have an ownership interest in the property.
Therefore, you should seek counsel who specializes in real estate to force a partition of the property, if possible.
This may cause the house to be sold or to force him to buy you out.... View More
His name is on the lease but no longer lives with me and the documents says a judge will issue a writ of possession. Does that mean i can get evicted or they raid my home looking for the property if he doesn’t goes to court or pay bill. I’ve already let Furniture rental company in several times... View More
answered on Jan 9, 2020
In order to enter your home lawfully, they will need a search warrant. A search warrant allows them to search the location for only the items listed in the warrant. Be aware, if they are looking for a couch, they can only look for the couch in areas where a couch would/could be. So they would not... View More
Who holds HOA accountable?
answered on Dec 30, 2019
This is a civil matter. As a homeowner or member of the HOA, you have a right to hold them accountable. If you believe or suspect fraud or theft, you can certainly file a civil suit against the board or appropriate member(s). It is best to contact an attorney who can go over the specifics of your... View More
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.
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.
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... View More
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.
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... View More
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.
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... View More
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... View More
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.
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.
The owner has said he will pick up the car but has not done so.
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.
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... View More
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.
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
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.
@ 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
answered on Nov 18, 2019
The best practice in this case is to contact Code Enforcement.
-The Upshaw Law Firm, (770) 240-0922.
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?
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... View More
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?
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.
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.
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... View More
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... View More
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.
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... View More
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.... View More
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