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Georgia Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Georgia on
Q: Good morning, How would i go about suing someone that sold me a house that was already sold, and refuses to pay me back?
James L. Arrasmith
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answered on Feb 23, 2024

Good morning! If you find yourself in a situation where you've purchased a house that was already sold to someone else and the seller refuses to refund your money, taking legal action might be necessary. Initially, gathering all related documentation, such as the contract of sale,... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Georgia on
Q: Wrongful foreclosure, disbursement question

What are the grounds to appeal a disbursement hearing, if any? Must a property be levied first before auctioned for judicial foreclosure from consent order.

James Clifton
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James Clifton
answered on Feb 20, 2024

The disbursement hearing would not be the place to challenge the foreclosure auction. You would have needed to file an injunction prior to the auction to challenge whether the auction was being conducted pursuant to applicable law. The order on the disbursement hearing is likely subject to an abuse... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Georgia on
Q: Do all real properties in Georgia must be levied with notice before a judicial foreclosure?

If this was part of a consent order of a settlement. Like let’s say you are given 180 days to pay $90,000 or property has to be sold. Does it need to be levied first before auctioned?

James Clifton
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James Clifton
answered on Feb 20, 2024

No, if there is a consent judgment that grants the right to foreclose, the notice of foreclosure sale must be published according to the laws relating to sheriff's sales. The sheriff will then auction the property. If your property was foreclosed, you may have the ability to collect surplus... View More

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Georgia on
Q: If you give someone money to purchase property for you without contract, how can you prove your intent of ownership?

Bank transactions reflect transfer of funds on date of home purchase date

James Clifton
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James Clifton
answered on Feb 18, 2024

In order to prove that there was an intent to share in the ownership of the property or that the funds provided at closing were to be paid back, you would need to have texts or emails showing that there was an agreement between the parties. A less reliable method would be to provide witnesses who... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: We live on a “private rd” although the county has given it a name. At the end of the rd are a few homes. One of the home

Has renters and are operating a daycare. The traffic has gotten crazy. Problem is they are destroying the dirt road and no one will help with repairs, upkeep, etc. what are my options?

Anthony M. Avery
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answered on Feb 16, 2024

I assume your road is actually a joint permanent use easement. If so, then a title search may disclose maintenance duties. If just an easement by implication or otherwise, then there are probably no defined restrictions. Then at best, you would need a GA attorney to sue for property damages, of... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: I am in lowndes county Georgia which is Valdosta I went to the clerk of the courts the Superior Court to file and record

An affidavit for an adverse possession on the property the people at the clerk's office the court clerk of lowndes county Georgia told me that I had to be an attorney or have an attorney with me present to file this affidavit and I believe that is wrong and it's my understanding that the... View More

Anthony M. Avery
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answered on Feb 14, 2024

If you are claiming title by adverse possession, then you will need an attorney to make an effective claim. It is difficult and is usually a defense to an action for possession or title, not filing an affidavit. You may need a deed as a color of title recorded, not what you are trying to... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: bought a foreclosed property from bank. filed eviction against previous mortgagee who is accusing bank of wrong foreclos

I bought a property from xome.com as a second chance foreclosure and after the closing, filed an eviction case against previous mortgagee. She is fighting back saying that bank wrongfully foreclosed the property. Should I file a case against the previous mortgagee, bank or let my title insurance... View More

Anthony M. Avery
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answered on Feb 4, 2024

You will need to litigate to a conclusion on obtaining possession. But you take title subject to rights of occupants. Read your owner's title policy. It will not cover many risks. But also hire an attorney to make a claim against the policy. You could lose all your investment as I... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can my brother in-law gift me a house that still has a mortgage?
James Clifton
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James Clifton
answered on Feb 1, 2024

Your brother would be able to sign the property over to you with a deed. However, it likely violates the due on sale clause in the mortgage that prevents the transfer, by gift or sale, of the property without first paying off the mortgage. The lender could then foreclose on the loan even if it was... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Civil Rights for Georgia on
Q: Are HOAs in GA bound by covenants only or state law as well?

Residents in our subdivision seek to contest the election of Board Members. Despite expressing this intention, the current board members assert their adherence solely to covenants rather than Georgia state law. Moreover, the Board has declined to disclose election results upon request, failed to... View More

James L. Arrasmith
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answered on Jan 29, 2024

Homeowners' Associations (HOAs) in Georgia are indeed bound by both their own covenants and by state law. The covenants, conditions, and restrictions (CC&Rs) of an HOA provide specific guidelines for the community, but these must also align with state laws. If there's a conflict,... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: My father passed away with no will so land went to me and my 3 sisters is there anyway my sisters can take it from me
James Clifton
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James Clifton
answered on Jan 28, 2024

If your father died with no will and no wife, all of his estate should pass in equal shares to his children. While your sisters may not be able to take it from you, they can force the sale of the property, in which case none of the siblings will own it. Schedule a free consultation to make sure... View More

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: Inherited land. I am executor. Clerk if court said I had to re write the deed and submit another form.

Naming me executor. To transfer property ownership. Clerk of court, how do I go about this? And can I do this in my own or do I have to have a lawyer?

Nina Whitehurst
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answered on Jan 11, 2024

In most states there is no law that obligates an executor to hire an attorney. Just like fixing a car, you are free to do it yourself if you know how. But if you don’t know how you will get better results in the long run if you hire an expert. And just like fixing a car it is also often cheaper... View More

1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: Even though our HOA bylaws have an Open Meeting Section, can the board have meetings without being open?

Bylaw: Section 9. Open Meetings. All meetings of the Board shall be open to all Members, but Members other than the Directors may not participate in any discussion or deliberation unless expressly so authorized by the Board.

Some board members want to have meetings without homeowners and... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 10, 2024

If this is an issue with the property owners of your subdivision, then I recommend that you (and some of the property owners) consult with an attorney to obtain a legal opinion on this. The attorney providing the opinion will hopefully charge a legal fee in allows the interested property owners to... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: Can the HOA of a condo assoc raise HOA fees & make major capital decisions without any input from owners (Georgia)?

HOA fees were originally $151 for the 1 bedroom unit. The HOA took out a balloon loan several years ago and assure owners at the time that HOA fees would return to normal after the final payment in 2021. The fees never returned to normal but in December we were notified that they were increasing... View More

James L. Arrasmith
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answered on Jan 2, 2024

In Georgia, the ability of a Homeowners' Association (HOA) to raise fees and make major decisions typically depends on the governing documents of the association, like the bylaws and covenants. These documents usually outline the process the HOA must follow for such actions, including how and... View More

1 Answer | Asked in Real Estate Law, Tax Law, Collections, Federal Crimes and Municipal Law for Georgia on
Q: So the city has annexed a distillery that is on a county road which should be out side city limits but they say they

Have the highway county does not allow sales outside Gilmer -city of ellijay - very weird but we are wanting to move in the area with our property but they put up signs and looks horrible

James L. Arrasmith
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answered on Dec 25, 2023

In your situation, where a city has annexed property that includes a distillery on a county road, there are a few steps you can take to address your concerns. First, it's important to understand the specifics of the annexation process. Typically, a city can annex adjacent areas through legal... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Georgia on
Q: Is it possible to over turn a lawsuit judgement?
T. Augustus Claus
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answered on Dec 19, 2023

Yes, it is possible to overturn a lawsuit judgment in Georgia, but the process involves specific legal procedures. To challenge a judgment, you typically need to file a motion with the court within a certain timeframe, presenting valid legal reasons for the request, such as new evidence or errors... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: Will I be able to stay in my home if my husband passes away? Deed is in his name, not the mortgage.

Deed is currently in my husband's name due to his previous wife passing away but not the mortgage. Her ex-husband is the mortgage holder. I'm not on either (mortgage or deed). If anything were to happen to my husband (Deed holder), will I still be able to stay in our home if I continue to... View More

James Clifton
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James Clifton
answered on Dec 18, 2023

It depends on a few factors. If your husband has a will and leaves the house to you, you will likely be able to continue paying the mortgage. However, it depends on the terms of the actual loan as it was written. You will need to closely review those terms. If he does not have a will and you have... View More

1 Answer | Asked in Consumer Law, Real Estate Law and Probate for Georgia on
Q: Does Regulation Z's Ability-To-Repay Rule to Certain Situations Involving Successors-in-Interest apply to me, in GA?

I am seeking clarification of the Application of Regulation Z's Ability-To-Repay Rule to Certain Situations Involving Successors-in-Interest, pertaining to Successors-in-Interest who do not have the title to a property. It is my understanding that this rule was intended to prevent predatory... View More

Nina Whitehurst
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answered on Dec 5, 2023

Loan assumptions absolutely do not transfer title. You probably need a probate for that, but this is state-specific and you did not say what state the property is in. You also did not say whether the property is residential or not, and that matters too.

Lenders are all too happy to accept...
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1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning, Real Estate Law and Municipal Law for Georgia on
Q: What are the rules of property boundaries in the city of Rincon and state of georgia?

My Difficult neighbor is trying to state that where the boundary line begins/ends to My property actually is 5 to 7 feet away from the rock That has been placed as a marker by the surveyors of plots/property ownership, Hence saying that I am unable to put a fence up where the actual block to divide... View More

James L. Arrasmith
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answered on Nov 7, 2023

Property boundaries in Georgia are generally determined by a recorded plat, a legal land survey, or the property deed descriptions. If there is a dispute about where the actual boundary lies, it's usually necessary to get a new survey conducted by a licensed land surveyor. In Rincon, as... View More

1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Small Claims for Georgia on
Q: Does hoa has power to enroll non-member to new trash service?

Willow point neighborhood at Cobb county Georgia

T. Augustus Claus
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answered on Oct 17, 2023

No, a homeowners association (HOA) does not have the power to enroll non-members in a new trash service in Willow Point Neighborhood, Cobb County, Georgia. Under Georgia law, HOAs are limited in their ability to control the behavior of non-members. HOAs can only enforce their covenants, conditions,... View More

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: Husband passed away owning royalty rights in LA. Rights were devised to me. How do I get them changed into my name?
James Clifton
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James Clifton
answered on Oct 15, 2023

Your husband's will needs to be probated. After it has been probated, the executor should provide the royalty administrator with a copy of the will, the death certificate, the letters testamentary, and a request to transfer the royalties to you. Once that has been done, the royalty... View More

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