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Georgia Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Construction Law and Business Law for Georgia on
Q: I'm seeking help to place a lien on a property with an unpaid balance of $37,310

I'm a vendor for a painting company that handles interior painting for apartments when tenants move out. We have an outstanding balance of $37,310 with a property located at 370 Northside Dr NW, Atlanta, GA 30318.

We’ve tried reaching out through emails and visits, and all our... View More

Anthony M. Avery
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answered on Oct 10, 2024

Hire a competent GA attorney to draft and record a Materialman's Lien against the property. You also may consider suing the entity you contracted with for the debt owing. Hopefully the actual owner contracted with you. It is doubtful you will be made whole due to the expenses involved in... View More

2 Answers | Asked in Contracts and Real Estate Law for Georgia on
Q: How do I get the title of my home from the seller.

I entered into a lease to purchase agreement with my landlord. Once the contract and purchase were completed they refused to produce title to my home. It has been 5 years and they haven't produced the title. I now have a case pending in court, to be heard by the judge on October 24. What are... View More

Anthony M. Avery
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answered on Oct 8, 2024

Hopefully you have a GA attorney representing you. You will not be able to try this yourself. Proof of the contract, all payments, no tenant defaults and the landlord's default , will all have to be proven in Court. If you win, you will need to draft an Order and probably a Deed.... View More

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1 Answer | Asked in Family Law, Real Estate Law, Child Custody and Child Support for Georgia on
Q: What if the other party's lawyer is asking demands via phone and refuses to email me anything? Can I report him?

The father of my child is asking us to leave the house, under his name, and is demanding short time. He moved out years ago. The lawyer has not presented me with papers or anything physical but constantly calls me, and reminds me of deadline. I told him, nothing is legitimate until I see papers.... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 22, 2024

If you have a family court case you should hire an attorney with experience in handling those matters. As you are the opposing party, and you do not have an attorney, the attorney representing the other party does have to speak directly to you, regarding the case. And they can choose to... View More

2 Answers | Asked in Real Estate Law for Georgia on
Q: Can joint tenant w right of survivorship sell their share to 3rd party?

I co-own a house with former partner who stayed in the house after breaking up and is also the only one on the mortgage. Can I sell my half ownership to a third party? Should I get a lawyer if I want to file suit for petition to sell? Can I enter the property at any time and stay/use it as I please?

James Clifton
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James Clifton
answered on Sep 20, 2024

If you can find someone who would be interested in buying your half only, you can absolutely sell to them without restriction. However, it is difficult finding someone who will accept partial ownership of property.

You will definitely need a lawyer for a partition action to force the sale...
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2 Answers | Asked in Real Estate Law for Georgia on
Q: Can joint tenant w right of survivorship sell their share to 3rd party?

I co-own a house with former partner who stayed in the house after breaking up and is also the only one on the mortgage. Can I sell my half ownership to a third party? Should I get a lawyer if I want to file suit for petition to sell? Can I enter the property at any time and stay/use it as I please?

Anthony M. Avery
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answered on Sep 20, 2024

You can convey your interest, but it is not one-half. Assuming you have correctly stated your estate, you own an expectation of being the surviving tenant and taking the whole, subject to the secured debt. Otherwise your interest is extinguished. Hire a GA attorney to draft your deed if you... View More

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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Georgia on
Q: Is a Transfer on Death Deed legal in Georgia?
James Clifton
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James Clifton
answered on Sep 11, 2024

Yes, as of July of 2024, transfer on death deeds are legal and enforceable in the state of Georgia. The transferee does not become an owner of the property until the death of the transferor. The transferee is required to file an affidavit within 9 months of the death of the transferor. If no... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: Hi my name is Debbie years ago I sold some property to my Uncle with a hand written letter and had it notarized

He recently passed away he never put the property in his name he had no will would I be able to sell the property again

James Clifton
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James Clifton
answered on Sep 6, 2024

If your intent was to sell the property, it would be fraudulent to sell it again. On the other hand, if the legal formalities of transferring the property were not met, the transfer would not be effective, in which case you could sell the property again. If you attempt to sell it again, you run the... View More

2 Answers | Asked in Real Estate Law for Georgia on
Q: How do I find out if property is in my name?

My father passed a few years ago and I was trying to see if any property he owned could be inherited.

John P. Conlon
John P. Conlon
answered on Sep 3, 2024

Here in California there are several avenues to determine the owner of real estate. The fastest manner to determine ownership of real estate in California is to contact the Assessors Office in the county the property is located and provide a combination of address, APN or past owner. You can also... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: I have purchased land, was given a quick claim deed. However I am trying to sell the land,

Found out the land when purchased by owner did not go thru the proper channel for getting clear title. Can I file and receive a BONDED TITLE? Or what are my options

James Clifton
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James Clifton
answered on Aug 29, 2024

In your situation, a bonded title may not be the appropriate solution since it's generally used for vehicles. For real estate, resolving the title issue typically requires going through a process called a "quiet title action" in court. This legal procedure is used to establish... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Georgia on
Q: A friend's father recently died while in hospice care at a nurse home . Before he died, someone took items from his home

The person in question had a key , and in front of two deputies, claimed she had some of her property in deceased's home.. and proceeded to fill three pick-up trucks with items removed from the home . Deceased has a will, yet to be addressed, isn't illegal to remove any items until any... View More

Nina Whitehurst
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answered on Sep 20, 2024

It is not illegal for a person to take property that belongs to him or her if that can be done without trespassing.

It is illegal, of course, for a person to steal from the estate, i.e. to take personal property that does not belong to him or her.

If this individual did steal from...
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1 Answer | Asked in Real Estate Law for Georgia on
Q: My mom passed away and had a will done in Ga but the Notery signed on the witness line as well. Is it a legal will?,

My son got his hands on the property will and won't hand it over to me

Jennifer Pierce
Jennifer Pierce
answered on Aug 9, 2024

Georgia law requires a will to be witnessed by 2 people who are competent to do so. It does not require notarization. If the will does not have the correct amount of witnesses, the probate court may deem the will to be invalid.

1 Answer | Asked in Real Estate Law for Georgia on
Q: a mortgage lender worker said I wasn't on the deed but I'm on the recorded deed at the courthouse how is this possible

I been paying on the mortgage not knowing I was a co owner joint tenant with rights or survivorship I never signed for a mortgage or spoke to anyone I need help I cant get my son in school if I don't have the title but I'm a co owner

Jennifer Pierce
Jennifer Pierce
answered on Aug 9, 2024

It is unclear from your post if the mortgage lender was referring to you not being on the mortgage or not being an owner of the property. There are 2 different kinds of deeds they could have been referring to - the Security Deed, which is the mortgage document, and the deed which conveyed... View More

2 Answers | Asked in Real Estate Law and Foreclosure for Georgia on
Q: Can a home in GA be foreclosed and sold without the homeowner given notice?

My home was foreclosed and sold and I never received a letter notifying me of the sale. The lady I spoke with from the attorney's office told me that a signature wasn't required for the letter and sent a receipt showing certified mail. The lady I spoke with at the post office said that... View More

Jennifer Pierce
Jennifer Pierce
answered on Aug 9, 2024

The foreclosure notice must be sent by certified or registered mail or overnight delivery with return receipt requested. As long as the notice was mailed in the proper manner to the appropriate party(ies) at the correct address, the lender does not need to prove the notice was actually received.... View More

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2 Answers | Asked in Real Estate Law and Foreclosure for Georgia on
Q: Can a home in GA be foreclosed and sold without the homeowner given notice?

My home was foreclosed and sold and I never received a letter notifying me of the sale. The lady I spoke with from the attorney's office told me that a signature wasn't required for the letter and sent a receipt showing certified mail. The lady I spoke with at the post office said that... View More

James Clifton
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James Clifton
answered on Sep 2, 2024

Unfortunately, receipt of the notice is not required by law. As long as the foreclosure attorney has proof that the notice was sent by certified mail that is legally sufficient. Even if that is the case, you may be entitled to surplus money from the foreclosure auction, and you may also be able to... View More

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2 Answers | Asked in Contracts, Real Estate Law and Tax Law for Georgia on
Q: Are brokers responsible for their clients' property taxes?

I am a real estate agent. I helped a foreigner sell his house. We had listing brokerage agreement. During this period, the seller did not pay the property tax. The county collected late fees from the seller. The seller said that I did not tell him about paying the property tax. I did not receive... View More

James L. Arrasmith
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answered on Jun 27, 2024

Based on the information provided, it's unlikely that you as the real estate agent would be responsible for your client's property taxes or late fees. However, let me break down the key points and considerations:

1. Broker/Agent Responsibilities:

- Generally, real estate...
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1 Answer | Asked in Real Estate Law for Georgia on
Q: My girlfriend and her ex co-own a home. Since she is a co-owner of the house, would she be able to allow me to move in?
James Clifton
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James Clifton
answered on Jun 12, 2024

As a co-owner, your girlfriend has the ability to enter the property and invite guests. However, if you intend to live there with her to the exclusion of her ex, you will both be liable for rent to the ex. If the ex also lives there, you alone may be liable for rent to the ex.

If your...
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1 Answer | Asked in Real Estate Law for Georgia on
Q: I made an offer on a house thru the realtor who has shown us the house. He now wants us to sign a document stating that

he must be our realtor for any other sales in GA. We have put an offer on land last week before our offer on this house. Would he have a right to a commission on this land sale? He states it is GA law re the 120 days for him to represent us. We live in FL. Thanks!

James Clifton
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James Clifton
answered on May 23, 2024

You do not have an obligation to sign any agreement that extends the representation beyond the original agreement. There is no Georgia law regarding length of representation.

Schedule a free consultation to have someone review the paperwork the real estate agent has submitted to you for...
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1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Georgia on
Q: My dad and mother share a life estate and are divorced, but they are leaving their life estate to their 3 children. The

Land is currently in one piece, not designated into 3 as to who gets which piece. My sister is wanting to build a house on her piece that she will get but my mom is refusing to designate who gets what piece because she says it will break the life estate. Will drawing up the tract and designating... View More

Anthony M. Avery
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answered on Apr 17, 2024

If Mom and Dad only have life estates, then none of their issue will get anything at their deaths. Hire a GA attorney to search that title and determine ownership. If you stated the facts correctly, then nobody wants to build on the tract. Who is the remainderman?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: What are my legal rights selling a home with people living in it and getting them out of the home.

I let a friend move into my late father's home with the verbal agreement they had 2 years to rebuild their credit to be able to purchase the home for $30k over what was left owed on the loan. The 2 years was up in Feb. They have done nothing to rebuild credit. I need to sell the home asap and... View More

James Clifton
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James Clifton
answered on Apr 10, 2024

You will need to provide them with notice of termination of the lease even if they are not paying rent. If they do not leave after the date set for termination, you will need to file an eviction. If you have to file for eviction, you can also make a claim for ejectment in the event that the... View More

1 Answer | Asked in Real Estate Law and Banking for Georgia on
Q: I need help to obtain a mortgage loan modification.

I have attempted numerous times to get a loan modification, but my mortgage never approves it. They lie and repeatedly request the same information. I sent that to them, but they say that they never received anything from me. This has been ongoing for the past 4 months. I don't want to lose... View More

James Clifton
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James Clifton
answered on Mar 30, 2024

Filing for a loan modification or loss mitigation can be very frustrating and time consuming. The loan servicers make the process very difficult and often times give you very little time to correct any deficiencies in the submission. You have to be persistent, follow up daily, request an... View More

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