Georgia Real Estate Law Questions & Answers
Q: There's a fake a fake data descent deed conveying land to The Heirs at law my grandmother left me that land in her trust
1 Answer
| Asked
in
Foreclosure, Real Estate Law, Banking and Civil Litigation
for
Georgia
on
Answered on Apr 8, 2019
Answered on Apr 8, 2019
Bruce Alexander Minnick's answer
If what you say is true, you will have to hire a probate lawyer who also knows how to litigate.
If what you say is true, you will have to hire a probate lawyer who also knows how to litigate.
Q: If a builder sells us a new house can he use someone else's signature without telling us or noting it in the contract?
1 Answer
| Asked
in
Contracts, Criminal Law and Real Estate Law
for
Georgia
on
Answered on Feb 26, 2019
Answered on Feb 26, 2019
David Edward Boyle's answer
It depends if he is authorized by a power of attorney to sign for someone else. If the home sale went through without a problem, do you have any damages?
It depends if he is authorized by a power of attorney to sign for someone else. If the home sale went through without a problem, do you have any damages?
Q: My step dad's mother died, and he is severely depressed. My mom needs to know her rights as his spouse?
Kim Ebert's answer
Your question is vague as to what real estate you're asking about.... his deceased mother's or real property your step-father and mother own jointly or separately. A competent attorney can answer your questions. Have all the pertinent facts readily available for the consultation.
Your question is vague as to what real estate you're asking about.... his deceased mother's or real property your step-father and mother own jointly or separately. A competent attorney can answer your questions. Have all the pertinent facts readily available for the consultation.
Q: What steps to take,my husband(soul provider & only income) gets me & our kids evicted,then leaves the home with mone
3 Answers
| Asked
in
Family Law, Real Estate Law, Domestic Violence and Landlord - Tenant
for
Georgia
on
Answered on Jan 28, 2019
Answered on Jan 28, 2019
Regina Irene Edwards' answer
You need to file for divorce and ask for emergency financial support. You may or may not be able to delay the eviction. You will need to talk to a landlord tenant attorney about that.
You need to file for divorce and ask for emergency financial support. You may or may not be able to delay the eviction. You will need to talk to a landlord tenant attorney about that.
Q: The best way to leave my daughter and not my wife my home without adding my daughter to the deed if my wife is on deed
Robert W. Hughes Jr.'s answer
Your situation is not unusual, but is certainly a sticky wicket. There are three ways to accomplish your goal.
1. Draft a will leaving a life estate to your wife with the remainder to your daughter. This creates possible accounting night mares if the will is not properly drafted. However, it will be effective for leaving the house to your daughter.
2. You can name you, your wife and your daughter as joint tenants with rights of survivorship. I assume your daughter will outlive...
Your situation is not unusual, but is certainly a sticky wicket. There are three ways to accomplish your goal.
1. Draft a will leaving a life estate to your wife with the remainder to your daughter. This creates possible accounting night mares if the will is not properly drafted. However, it will be effective for leaving the house to your daughter.
2. You can name you, your wife and your daughter as joint tenants with rights of survivorship. I assume your daughter will outlive...
Q: If my wife and I refinanced a home that she had prior to our marriage, is that now considered community property?
Regina Irene Edwards' answer
If you and your wife refinanced together during the marriage, it most likely is marital property.
If you and your wife refinanced together during the marriage, it most likely is marital property.
Q: Does the trustee has the right to take the land and house?
P. Justin Thrailkill's answer
You cannot simply remove him from the deed. He would have to execute a deed in order to do this. Even if he did, the bankruptcy trustee may see this as a fraudulent conveyance and come after it for that purpose. He doesn't have to contribute anything to the asset to own it, which he apparently did at one point. You need to consult with a bankruptcy attorney yourself to see what steps need to be taken to protect the house. Please note, your relationship with him is irrelevant and he did not...
You cannot simply remove him from the deed. He would have to execute a deed in order to do this. Even if he did, the bankruptcy trustee may see this as a fraudulent conveyance and come after it for that purpose. He doesn't have to contribute anything to the asset to own it, which he apparently did at one point. You need to consult with a bankruptcy attorney yourself to see what steps need to be taken to protect the house. Please note, your relationship with him is irrelevant and he did not...
Q: Only my husband's name is on the deed and mortgage to our house. He passed away. Am I responsible for repaying the loan?
Vincent Gallo's answer
Not personally, but if you do inherit the real estate you take subject to this mortgage.
Not personally, but if you do inherit the real estate you take subject to this mortgage.
Q: Is my daughter legally required to pay lot rent of the previous owner of a mobile home she just purchased?
Daliah Brill's answer
Did she sign an agreement to place her trailers on “rent to own” lot(s)? I’f so, what type of agreement did she sign?
Did she sign an agreement to place her trailers on “rent to own” lot(s)? I’f so, what type of agreement did she sign?
Q: i recieved a dispossessory proceding, how do i dispute this?
1 Answer
| Asked
in
Arbitration / Mediation Law and Real Estate Law
for
Georgia
on
Answered on Aug 3, 2018
Answered on Aug 3, 2018
Thomas A. Grossman's answer
I assume you mean you received "Notice" of a dispossessory proceeding. I have never heard of that. I must also assume that you must attend the proceeding if you want to fight it. Since you are in Georgia, and I live in Palm Springs, California, I can't comment on Georgia law. You should contact the Court where the proceeding is to be held to find out more information on it. I assume your father should be at the hearing and testify on your behalf, although this sounds like something that...
I assume you mean you received "Notice" of a dispossessory proceeding. I have never heard of that. I must also assume that you must attend the proceeding if you want to fight it. Since you are in Georgia, and I live in Palm Springs, California, I can't comment on Georgia law. You should contact the Court where the proceeding is to be held to find out more information on it. I assume your father should be at the hearing and testify on your behalf, although this sounds like something that...
Q: Per our divorce decree my ex wife was suppose to sell or refinance the home under her name.
Regina Irene Edwards' answer
You can file for contempt. Unless your divorce decree allows you to reclaim the home, then that remedy is not available. If the divorce does not mandate that she be removed from the title if she is in default, the judge cannot order that either. The judge cannot change the decree - just enforce what the original decree says.
You can file for contempt. Unless your divorce decree allows you to reclaim the home, then that remedy is not available. If the divorce does not mandate that she be removed from the title if she is in default, the judge cannot order that either. The judge cannot change the decree - just enforce what the original decree says.
Q: I assumed a mortgage loan from my mother's home in GA. She died intestate in 2012. What type of deed do I file?
Robert W. Hughes Jr.'s answer
You should prepare an Administrator's Deed transferring the home from your mother into your name. This assumes you have paid all debts of the estate and have paid all other heirs whatever their inheritance should be. Further, as temporary administrator, you have no authority to transfer real estate without specific approval form the probate court.
You should prepare an Administrator's Deed transferring the home from your mother into your name. This assumes you have paid all debts of the estate and have paid all other heirs whatever their inheritance should be. Further, as temporary administrator, you have no authority to transfer real estate without specific approval form the probate court.
Q: Do I have to pay back a government secured guarantee on a foreclosed house?
1 Answer
| Asked
in
Bankruptcy, Foreclosure and Real Estate Law
for
Georgia
on
Answered on Jul 4, 2018
Answered on Jul 4, 2018
Q: My ex-husband and I purchased a home that I lived in 2 years after our divorce. Home was in his name only but it was
2 Answers
| Asked
in
Divorce, Family Law, Real Estate Law and Tax Law
for
Georgia
on
Answered on Jul 2, 2018
Answered on Jul 2, 2018
Q: If I signed a quitclaim deed to my exspouse but my name is still on the mortgage can I resind the deed?
P. Justin Thrailkill's answer
You cannot modify property division at this point. Take your decree to an attorney and let them look at it to see if there is any way to accomplish what you are trying to do based on the language of the decree as written.
You cannot modify property division at this point. Take your decree to an attorney and let them look at it to see if there is any way to accomplish what you are trying to do based on the language of the decree as written.
Q: how do you answer this question if you have a misdeameanor?
David Edward Boyle's answer
You answer it truthfully. If the misdemeanor you were arrested for is not listed than you say no.
You answer it truthfully. If the misdemeanor you were arrested for is not listed than you say no.
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