Georgia Real Estate Legal Questions

No.  A lease is a contract which provides that the rental company will an apartment in return your daughter agreed to pay rent for the term of the lease.  She should try calling the rental company to see if some resolution can be reached.   If the rental company files a lawsuit then your daughter should consult an attorney.... Read More

The security deed and promissory note which you executed at the time of the loan would govern what notice requirements were required to be given.  I am assuming that you no longer live at the property.  Some type of default/demand notice would have been sent to the address as provided for in the loan documents. This is usually the property address.  There is no requirement that the lender locate you. ... Read More

The seller will executed a General Warranty Deed.  You will execute a promissory note promising to repay the debt and you will also execute a Security Deed (also known as a Deed to Secure Debt).  This gives the seller the right to foreclose on the property if you fail to make payments.... Read More

If the name on the deed is Mary and John as joint tenants with rights of survivorship then the interest of the deceased spouse passes automatically to the surviving spouse.  If this language is not on the deed then each spouse owns a 1/2 interest.  The 1/2 interest owned by the deceased spouse will pass according to the will.  If there was no will then 1/2 interest would pass to the surviving spouse and the children.  Hopefully the children are over the age of 18 years.... Read More

You have painted a rather complex picture of facts, and you have not provided enough facts for me to respond specifically.  I will try to provide some probabilities: I will assume that your father owned the house in his own name alone, and that he willed the house to his own father at his death and that your father's will has been properly probated.  I will assume also, from the words you have used, that your grandfather died intestate (without a will).  If his estate has not been probated, it should be even in the absence of a will. If my assumptions are correct, your grandfather's "heirs at law" inherited the house.  If your grandfather had only one child (your father), and if you are the only child of your father, then you have almost certainly inherited good title to the property -- subject, of course, to the mortgage and any other liens or encumbrances that might exist.  If your grandfather had several children, then each of them would have inherited a share and you would have only your father's share.  If your grandfather had several children and several of them are now deceased, their shares would have dropped down to their own children.  So it get complicated in that event.  To make certain you are in a position to sell the property, you should make an appointment with a good probate attorney in your area.  Follow his guidance.  He will probably, at a minimum, prepare an affidavit to be filed in the public records affirming the acquisition of the property by your grandfather, the fact of his death, the number and identity of his children, and the status of title at present.  With that kind of evidence in the public records, you can be assured title insurance can be written on the property whenever you find a buyer.   ... Read More

There is no "rule" pertaining to making or accepting an offer of purchase.  The developer is not interested in what your business is worth and will probably offer nothing for it -- he will offer only the "fair market value" of the property (or less if he can get by with it).  The Fair Market Value is the value established by the market place:  what a willing buyer will pay and what a willing seller will accept.  A qualified appraiser can estimate the Fair Market Value by analyzing the sales of similar properties in the general area.  His work will not include any valuation for your business.  The idea is that your business can move down the street to another location and continue on.  If your business is somehow unique and cannot be moved to another location, or if the cost of doing so will be prohibitive, then you just don't sell.  It may be that if the developer needs your property badly enough, he will offer more than the property is otherwise worth simply because of the need.  If he does so, it won't be a purchase of the business or a payment to reimburse you for damaging/destroying your business -- it will be an adjusted purchase price simply because that's the only way he could get the property.  If you want to seriously consider the developer's offer, you should confer with a good real estate lawyer in your area for assistance in negotiating the price and making the transfer.  It is risky to enter into such transactions without a lawyer unless you are experienced enough to undertake the effort alone. ... Read More

Make an appointment with a good real estate lawyer in your area to review your closing documents.  That will include your deed and the documents creating your HOA.  Ask him/her what liability the HOA has to repair the roof.  Make sure he/she knows about the delays.  If there is liability, you then need to retain the right attorney to file suit against the HOA if necessary to get the repairs done.  Many real estate lawyer are "transaction" attorneys and do not spend much time in court.  Some do.  The real estate attorney you confer with will let you know whether he/she can or will undertake litigation on your behalf.  If not, he/she will probably be able to refer you to a good trial lawyer.  If the documents do not impose liability on the HOA to make the repair, you may not have a remedy other than to fix the roof yourself.  But the documents will say.  ... Read More

The answer to you question will no doubt be found within the text of your agreement and the response by your bank.  If the bank does not approve the transaction, it would seem to me the entire controversy would be moot.  If the bank does approve the transaction, you may indeed have a problem unless the contract gives you some kind of "out" - which is doubtful.  You should see a good real estate lawyer in your area to learn whether you will likely be held liable if the bank approves the deal.  A probably modest conference fee would be well worth it to relieve the anxiety that you obviously have. ... Read More

In Georgia, there is a concept of constructive eviction.  Generally speaking, if the premises are unhabitable then you are allowed to break your lease.  However, for you to be successful you must actually move out.  I would suggest that you document the problem in writing and with pictures.  You should send a letter to your landlord along with the pictures stating that you are unable to live there due to the mold problem.  Send the letter certified mail, return receipt requested and regular US mail. If the Landlord sues you for the rent then you would have a counterclaim.  If the Landlord does not sue you then you will need to file suit against the Landlord in Magistrate Court to get back your rent and security deposit.  The Magistrate Court is generally user friendly and most courts have preprinted forms to assist you in filing a claim.    ... Read More

You need to review the loan documents to determine if the bank is under an obligation to release you from the loan.  The typical loan document would not contain such a provision.  I would recommend that you have an attorney review the specific loan documents that you signed.  You may have some bargaining power with the bank if you can find another church member to take your place on the loan.  ... Read More

Since the nephew was given an interest in the house then he owns it and you will need his signature on a deed conveying the property back to you.  If he will not voluntarily execute a deed then you probably need to consult with a litigation attorney and file a lawsuit to force him to execute a deed.... Read More

I am assuming that the deed given to you was validly executed.  Under Georgia law, the deed was a good conveyance to you but the recorded deed given to your sister would take priority assuming that she was not aware of the conveyance to you.  If she was not aware of the deed to you then she probably has good title.  If she knew about the deed to you then you have some good arguments that your deed controls and you own the property.... Read More