Get free answers to your Real Estate Law legal questions from lawyers in your area.
answered on Jul 16, 2023
The deed between two parties does not have to be recorded to effectuate a transfer of title or a change in the status of joint tenants with right of survivorship to tenants in common. The deed becomes effective when signed by the transferor and delivered to the transferee. Recording the deed puts... View More 
They quick claimed it without my knowledge and without my name being added.
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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
This is an ex boyfriend, when we bought home he was on mortgage .in 2018.He left in 2020 . Leaving me with payments . Then in 2021 I refinanced, and his name came off mortgage . He doesn’t want to make any payments , or made any payments since he decided to leave .
answered on Jul 12, 2023
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
The mortgage bank changed hands several times and I think my loan file was lost. I haven't made any payments on the mortgage since 2010. I havent received any communication from the last bank that took over in 2010. I havent received any foreclosure notice. I'm still listed as the... View More
answered on Jul 9, 2023
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
Elderly mother signed quit claim deed of 5 acres of land and small 30 year old mobile home, to adult and oldest of 3 total siblings, to protect it from pending lawsuit. The property was all she had in the world & wanted to make sure she could keep,being her only place to live. One sibling... View More
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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
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answered on Jun 23, 2023
What is your question?
I am considering selling my house that has 4 Fi-Fa Liens (judgements) attached. How do I go about clearing up the liens so a clean title can be transferred? Is there any room for negotiation of amount paid to clear each lien. (Liens are related to credit card debt incurred by ex around time of... View More
answered on Jun 14, 2023
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
answered on Jun 8, 2023
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
I have lived here for 42 years and have maintained the yard. Neighbor says they surveyed, and part of my yard is their property. Is there anything I can do?
answered on Jun 8, 2023
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
We were never married and broke 2 years ago.
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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
This year first HOA increased our annual assessment from $700 to $800. Within 5 months into this year, they have now levied $350 as special assessment which is like 45% to our annual assessment. They have not done any homeowner voting for that and has sent us notice today with a due date in 8 days.... View More
answered on Jun 1, 2023
The bylaws and covenants of the HOA will determine the procedures to issue a special assessment. You state that the bylaws do not require a vote to issue the special assessment, so there does not appear to be any recourse for you.
My neighbor recently graded and cleared a lot next to my property, and in doing so he also graded approximately 75- 100 feet over the property line onto my property. How do you estimate the damage in a dollar amount and how should I proceed to get a settlement?
answered on Jun 1, 2023
Based on the facts provided, there may be multiple causes of action that would give rise to damages. The amount of damages would be dependent on many factors, including any devaluation of the property. I recommend that you consult with an attorney experienced real property litigation.
I understand that the surplus is to go to the title holder but I don't understand how to start that process or how to make the motion to have the trustee send the funds to me.
answered on Jun 1, 2023
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
I am looking for information on a home inspector / LLC owner.
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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
file an intent to lien? Everything pops up it is not mandatory in GA but we want to be sure.
answered on May 17, 2023
If your boss' company contracted directly with the property owner, a notice of intent to place a lien is not mandatory. Instead, you can move directly to filing the lien within 90 days of when the last services or materials were provided.
Dad says that I am required to sign a form to give him permission to a sell the house. What are my rights currently? What rights am I signing away? The items in the house are sentimental, am I allowed to keep any of those items as keepsake?
answered on May 17, 2023
Georgia law provides that a spouse and children share equally in the estate. If you are the only child, you are entitled to one half of the estate.
Your father had a right to file for year's support which could result in him receiving all property.
You should consult with a... View More
answered on May 16, 2023
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
We want additional terms for inheritance for kids. Also how to make everything legal and pay any taxes.
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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
At auction due to a death and the property to be considered unclaimed
answered on May 9, 2023
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
Can I sell a home without my wife’s consent. We both are on the deed .
answered on May 8, 2023
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
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