Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 14, 2023

If you were a signature party to the land contract, then you sue the seller/grantor for breach of contract. Hire a GA attorney that does real property litigation. A Notice Lis Pendens will need to be filed. All interested parties must be defendants (besides you) for setting aside the Deed or... View More

As joint owners of the property, you are both responsible for the payment of debts. If he is not paying his share, you can force him to pay through a judgment obtained against him for contribution, or you can buy him out of his portion discounted for payments he has failed to contribute to the... View More

If the statute of limitations has not run on the mortgage, you cannot pass clear title to a purchaser. No attorney or title company can issue title insurance on the purchase to the new owner with the mortgage still in place. We have recently seen an increase in zombie mortgage foreclosures. Zombie... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2023

If that Daughter also got a power of attorney from the Mother, then she was and is a fiduciary. If so, any and all transfers of principal's property to the attorney in fact are presumptively fraudulent. If no poa, then you will need good evidence of fraud with witnesses, and you probably... View More

Everything is negotiable. You can definitely negotiate the amounts owed or hire an attorney to handle it for you. Liens also expire. Having an attorney review the liens and help you negotiate them could save you a lot of money. Once the lien is paid, the lien holder is required to file a... View More

No, a notary cannot conduct a real estate closing in the State of Georgia if that is what you mean by notary signing agent. The Georgia Supreme Court has stated that real estate closings, including refinances, and deed signings constitute the practice of law in Georgia. An attorney must be... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 8, 2023

Start putting your witnesses together: attorney to search both titles; surveyor to survey only the common boundary; and persons with personal knowledge that you have mowed, cut timber, farmed, hunted, parked vehicles, etc. this part of your property for many years. If he puts fence on your... View More

In order to prevail, you would need to assert a claim for adverse possession. Adverse possession requires a lawsuit showing that your possession of your neighbors property was adverse, notorious, open, continuous, hostile, and exclusive and has occurred for the last 20 years. Many of those... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 1, 2023

If someone owns some type of estate such as a tenant in common, joint tenant with right of survivorship, etc, then they are an owner of the real property entitled to payment for their conveyance of the same. If one party has paid for everything, then he can claim reimbursement of his investment... View More

The attorney who handled the foreclosure for the bank receives the money on behalf of the bank at the foreclosure sale. Based on the condition of the title, the foreclosure attorney will either release the funds to the former titleholder if there are no other claimants or turn the funds over to the... View More

Peter J. Weinman Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2023

A home inspector's insurance is not public information. Although you did not say why you're asking, if it's because you want to sue an inspector for failing to spot a problem (the typical reason), you should look to your agreement with the inspector and you'll probably notice... View More

Even if the paperwork is lost, if the lien has been paid, it can be released by an affidavit prepared in compliance with OCGA 9-13-80. If the lien holder does not release the lien within 60 days, you may be entitled to damages up to $500 and attorney's fees. If you still owe money on the lien,... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 9, 2023

That will be a Future Interests Deed, which requires a very competent GA attorney to draft an enforceable conveyance. It could also be accomplished through a Trust with Future Interest terms. It will be important to declare who will take the property if the conditions are breached. You will... View More

Your question is not clear as to the type of auction involved. There is no right of redemption after a foreclosure sale in Georgia. If this was a tax sale, redemption can occur until such time as the tax sale purchaser forecloses the right to redeem, which cannot occur until one year after the... View More

If you are both on the deed, then you each own a one-half undivided interest in the whole property. You could only sell your one-half interest, which very few people would want to buy. If your wife doesn't agree to sell, you could force the sale through a partition action. To answer the first... View More

If the husband died without a will, the wife would need to file for administration of the deceased husband's estate. If there are children from the marriage or if the husband had children from a previous marriage, the wife would share in the inheritance of the land with the children. Any... View More

Yes. The only exception is if an employee of the bank, not an independent contractor who is a notary that comes to your house, explains the documents and notarizes them in your presence. Closings in Georgia can no longer be closed by Zoom, Skype, etc. either. You can contact the Georgia Attorney... View More

The amendment to address concerns is open to acceptance by the seller unless the buyer withdraws/revokes the proposed amendment prior to the seller signing and accepting the amendment. There is no set time for acceptance of the amendment unless a specific time is listed in the body of the amendment... View More

The simple answer is you file a lawsuit naming all of the parties - the original seller, wholesaler 1, wholesaler 2, and the real estate agent. One of the biggest issues with wholesaling is that it has severe issues with fraud. Oftentimes, there is a failure to disclose the property condition,... View More

You can file a materialman's lien to secure your $13,000.00 against the property. If this is a new construction, the property cannot be sold from the builder to the new homeowner without paying you off. If the property has already been sold or this was an existing building, you can still... View More