Jody Lynn Peskin's Answers

Jody Lynn Peskin
Decatur Residential Real Estate Lawyer.
Contributor Level 11

4

Attorney answers:

  1. Brett Ladd
  2. Jody Lynn Peskin
  3. J. Thomas Salata
  4. Glen Edward Ashman

How can I finalize my divorce when my husband will not sign?

Asked by a user in Mcdonough, GA - 3 months ago.

I agree that an attorney could handle this all quite simply, so I am presuming that you've tried to handle this yourself (pro se). Who sent you the letter? Was it from teh court or from your husband? It may be that he's using the letter as a response to the divorce proceedings. So the questions arise re: 1) venue - does your husband reside in the same county where you filed the divorce? If not, you need to refile in the correct location. 2) did you send the papers to your husband to...

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3

Attorney answers:

  1. Jody Lynn Peskin
  2. Anthony M. Zezima
  3. David A. Canale

Real Estate II need proof that property is marital not premarital

Asked by a user in Mableton, GA - 3 months ago.

You need to speak to a family law attorney immediately. If you cannot afford one, speak to a local legal aid office, or contact the local bar associaiotn to see if they have a pro bono organization that can provide you with free legal services. First, even if he is considered the sole owner of the house, he cannot require that you move out as you are still married. Only a judge will be able to do that, and they may decide that you and your kids stay there til the proceeding is final....

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2

Attorney answers:

  1. Jody Lynn Peskin
  2. Kenneth Allyn Sprang

Does a Homeowners Association have the right to dictate fence finishing procedures? To require owner to "stain" fence?

Asked by a user in Roswell, GA - 3 months ago.

I agree with Mr. Sprang, you need to start by reviewing the Covenants and restrictions, as well as any adopted rules and regulations, and/or any architectural guidelines that may have been adopted. You may want to ask the board (or architectural comittee, if one) for a meeting so you can express your concerns regarding access and safety in staining the fence, and ask for an exemption to the rule about staining. (and do they really mean "stained" or do they mean any sort of protective finish...

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2

Attorney answers:

  1. John B. D'Alessandro
  2. Jody Lynn Peskin

Do I need a Real-Estate Attorney in state of Ga. to review closing documents on the sellers side for a short sale?

Asked by a user in Basking Ridge, NJ - 3 months ago.

They should be able to provide you with copies in advance for you to review. SInce the closing attorney generally representes the lender, it would be wise for you to have someone represent your interests. Just because the documents are standard does not necessarily make them easy to understand, nor does it mean the documents will represent your interests. I'd suggest you find an attorney who would be able to review the documents for you and explain them to you prior to the closing. I...

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2

Attorney answers:

  1. Jody Lynn Peskin
  2. Shannon Katherine McDonald

On appeal of Summary judgment, a plaintiff not on complaint can object. what is this type of plaintiff called?

Asked by a user in Atlanta, GA - 3 months ago.

A plaintiff is the person or entity that brings the lawsuit. No one else can be the plaintiff, though others can add additional claims by intervening into the suit (called intervenors). However, when non-parties to the suit want to have their opinoins heard, they sometimes file a brief called an "amicus curiae" or "friends of the court" brief to help educate or persuade the court of the law in the matter. Is that what you are looking for?

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3

Attorney answers:

  1. Jody Lynn Peskin
  2. Pamela Koslyn
  3. David Michael Cantor

The treasurer of our hoa has spent all of the money in the accounts(which is tens of thousands of dollars) what can we do

Asked by a user in Byron, GA - 9 months ago.

Please check your Declaration of covenants and restrictions to see what remedies may be available. If the documents mention that an audit is to take place on a regular basis, I'd suggest demanding the audit. This would let the members know exactly how much money was collected over the last few years, was validly spent, and possibly how much "disappeared". If all the owners haven't been paying, (which is another problem altogether) there may not have been tens of thousands to be taken. If...

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3

Attorney answers:

  1. Jody Lynn Peskin
  2. Ikemesit Amajak Eyo
  3. David A. Canale

I need the form to file a petition to legitimate my child

Asked by a user in Atlanta, GA - about 1 month ago.

I think you can go to the Family Law Center in the Fulton County Courthouse and pick up some forms there.

2 lawyers agreed with this answer

2

Attorney answers:

  1. Jody Lynn Peskin
  2. Rixon Charles Rafter III

I want to sue my landlord but im having a hard time finding an attorney that handles landlord tenant issues.

Asked by a user in Atlanta, GA - 3 months ago.

The Atlanta Bar Association has a referral service 404-521-0777 or on line at www.atlantabar.org/displaycommon.cfm?an=1&subarticlenbr=46Cached The DeKalb Bar Association has an online referral service at www.dekalbbar.org and click on "Find a Lawyer" I'm sure Cobb and Gwinnett do as well.

2 lawyers agreed with this answer

3

Attorney answers:

  1. Anthony M. Zezima
  2. Glen Edward Ashman
  3. Jody Lynn Peskin

Is inheritance community property in Georgia?

Asked by a user in Atlanta, GA - 3 months ago.

I believe an inheritence is considered separate proeprty. However, if the inheritance, when received, was put into a joint account, or used to purchase joint goods, it could lose its status as separate property. Even if you do not file for divorce (or don't plan to do so any time soon) you should speak to an attorney who can explain what your rights are to that inheritence and how you can protect it as separate property.

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3

Attorney answers:

  1. Jody Lynn Peskin
  2. John Addison Vos
  3. Laura Mcfarland-Taylor

Nuisance Question: Neighbor's dog is dangerous and loud.

Asked by a user in Atlanta, GA - 4 months ago.

I agree with what both of the other attorneys are saying, but would like to add that if animal control is not being responsive - keep trying - but also call higher up.. Contact the police department's non-emergency number and ask what they recommend - they may say call 911. Contact your city council representative - that's what they are there for, and you can also contact the mayor's office - they can make sure things start happening, too. It is amazing the influence these officials have...

2 lawyers agreed with this answer