We dont have a signed agreement, just text messages to support my claims with photos, and my original estimate. Is this ok for a lien?
answered on Apr 18, 2023
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 
Deed was signed against my desire. Brother and I are remaindermen. we have 3 other siblings. so i want to divide the remainder 5 ways, not 2.but first use for mothers care. Next, we will have to sort thru tax consequences.
answered on Apr 12, 2023
Yes, you can sell the property, but she will have to join in the signing as her life estate as well as your remainder interests have to be transferred to the purchaser. If she is mentally unable to sign, then hopefully someone has a durable financial power of attorney for her so they can sign on... View More
My real estate agent is trying to make me pay commission in installments after closing after contributing their commission towards my closing costs. There is a signed agreement saying that it was contributed towards closing. Do I need to pay them the commission costs?
answered on Apr 12, 2023
This is an interesting situation. If there is no signed agreement or written communications in emails or texts that show you agreed to repay the commission that they contributed towards closing costs, then the agent is going to have a hard time proving that you agreed to repay the commission. Also,... View More
We are trying to sell our church, but there is a stipulation in the deed that the family that donated funds must agree & sign. That member is deceased & we have been trying for over 3 years to get a signature from a relative (family of deceased member). Are there any ways to get a clear... View More
answered on Mar 30, 2023
There are two main solutions you could pursue depending on the circumstances, but both involve going to court: 1) Quiet Title - this is a lawsuit that seeks to clear up a title issue, like a missing heir. This option would give them an opportunity to sign, or if they were non-responsive, transfer... View More
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... View More
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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... View 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... View 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... View 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... View More
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.
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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... View 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... View 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... View 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... View 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... View 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... View More
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... View 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... View 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... View More
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