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Daniel Scott Wright

Daniel Wright’s Answers

44 total


  • Can the company that purchased my mortage loan require me to make a payment without sending me a statement?

    The company selling the loan gave notice of the sale in the required 15 days before the transfer. The purchasing company did not send anything until 5 days after the due date. I called and requested a statement for October so that I could make sur...

    Daniel’s Answer

    Short answer: yes. Longer answer: depends on what your loan documents say.

    You have signed a note that requires monthly payments; there is probably nothing in there about a statement being provided before you have to make a payment. There MAY be a provision in your note or other loan documents that requires the lender to notify you in the event of a missed payment prior to declaring default, but that is probably not relevant here.

    One thing you might be able to do is request a payoff statement or letter--the lender may be required to produce one of those upon request. That should contain the information you need.

    Good luck.

    Disclaimer: Please note that we have no attorney-client relationship and that any advice given herein is for general education or background concerning Georgia law and is not legal advice; for legal advice, please consult with an attorney.

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  • The bank paid more then I owed.

    My house was foreclose on in june I only owed the bank 88,000 they purchased the house for 113,000 what does that mean for me?

    Daniel’s Answer

    I made some comments on this on a different chain that I think you started. That's right, also, if the bank actually made money--sold the property for more than the note plus interest plus expenses totaled--then you should be due some money. I hope you get some.

    Disclaimer: Please note that we have no attorney-client relationship and that any advice given herein is for general education or background concerning Georgia law and is not legal advice; for legal advice, please consult with an attorney.

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  • Do I owe anything?

    My house was foreclosed on in June an Im just now getting all the information from the attorney. The paperwork states that my mortgag lender purchased the house back for 113,000. However I only owed 88,000. Do I owe anything Taxes, Legal fees?

    Daniel’s Answer

    The answer is... it depends. In order to collect from a borrower on a Note following a foreclosure action, a bank has to initiate a "confirmation" proceeding-- that is, where the bank goes and proves that the value of the property was $X. A bank can't just put a property up for auction and then claim the difference between the price it got and the principal and interest on a loan against a borrower. Georgia law forces a lender to prove that the price fetched was at actual market value before pursing the borrower.

    Many (most) banks don't do this, because it's a rather expensive procedure. So, the answer is... it depends. Actually, it sounds like the bank auctioned your house off for more than what was due on your note-- it is unlikely that costs and attorney's fees ran $25,000 on a simple foreclosure. You might be okay here.

    Disclaimer: Please note that we have no attorney-client relationship and that any advice given herein is for general education or background concerning Georgia law and is not legal advice; for legal advice, please consult with an attorney.

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  • Apartment Leasing

    I renting an apartment at The Battery Complex in Chamblee. I asked if the fact that I lived near a stairwell, would there be a lot of traffic, I was lied to. All hours of the night and the very early morning people are running and they jump do...

    Daniel’s Answer

    Short answer is that there is probably not a whole lot you can do. Residential leases are typically heavily weighted in favor of the landlord. However, it depends on what your lease says. Your argument would basically be that your quiet enjoyment of your leased space is being interfered with.

    Best solution for you would probably be to talk to the landlord and get as much as you can--moving to a new space, etc.

    Disclaimer: Please note that we have no attorney-client relationship and that any advice given herein is for general education or background concerning Georgia law and is not legal advice; for legal advice, please consult with an attorney.

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  • My mother is deceased her home is out of probate. How can I sell this home? What is the next step?

    What are the next steps after the probate process?

    Daniel’s Answer

    The two answers above are spot-on: if the house is "out of probate," that means that someone else is now the legal owner. However, perhaps the real issue is, was your mother's estate correctly or fully probated? If it was not, you may have to re-open it or have all of the possible heirs consent to any sale.

    Disclaimer: Please note that we have no attorney-client relationship and that any advice given herein is for general education or background concerning Georgia law and is not legal advice; for legal advice, please consult with an attorney.

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  • Do I have to pay rent amount if I move out before eviction?

    My apartment was broken into. While waiting on someone from the complex to respond to my inquires about paying my insurance deductible, my rent became late. I refused to pay the late fee and now the complex has rejected my rent payment until I p...

    Daniel’s Answer

    It really depends on what your lease says. However, generally speaking, if you are evicted for failure to pay rental, you will be liable for some amount of rent due-- at least the amount that accured while you were in possession of the premises.

    Disclaimer: Please note that we have no attorney-client relationship and that any advice given herein is for general education or background concerning Georgia law and is not legal advice; for legal advice, please consult with an attorney.

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  • My landlord has not provided me with my lease, what should I do?

    My lease is expired but my landlord says I need to give them 60 days notice.

    Daniel’s Answer

    So, it sounds like you want to leave? It depends on what the lease says, but typically holdover tenants are tenants at will under Georgia law, and you can terminate your lease with 30 days' notice.

    Disclaimer: Please note that we have no attorney-client relationship and that any advice given herein is for general education or background concerning Georgia law and is not legal advice; for legal advice, please consult with an attorney.

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  • Were do i go to file a small claims i live in dekalb county

    and his company is in dekalb county

    Daniel’s Answer

    Magistrate Court. It's located in the courthouse in downtown Decatur-- 556 N. McDonough Street, Decatur, GA 30030.

    Disclaimer: Please note that we have no attorney-client relationship and that any advice given herein is for general education or background concerning Georgia law and is not legal advice; for legal advice, please consult with an attorney.

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  • Hello, I received a letter in the mail telling me i am still the owner of a property in GA. but there was a foreclosure.

    Please tell me how can i find out about this property?

    Daniel’s Answer

    Who was the letter from? If there was a legally sufficient foreclosure of real property that was owned by you, then you no longer own it.

    As far as finding out information about the property, you can check out the tax records, which are usually available online (depending on where the property is located), and you can search the real estate records of the county where the property is located.

    Disclaimer: Please note that we have no attorney-client relationship and that any advice given herein is for general education or background concerning Georgia law and is not legal advice; for legal advice, please consult with an attorney.

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  • In Georgia, does the landlord have to serve the tenant with a 3-day pay or quit notice before filing for eviction?

    Landlord filed for eviction but never gave tenant a 3 day pay or quit notice. Tenant filed an answer with the courts citing landlord failed to provide the tenant with proper 3 day pay or quit notice. Will the judge still allow the landlord to ev...

    Daniel’s Answer

    Generally, in Georgia, the landlord must demand possession of the premises before filing for eviction. I'm not familiar with a "3 day pay or quit" notice; but yes, there generally must be a demand.

    Disclaimer: Please note that we have no attorney-client relationship and that any advice given herein is for general education or background concerning Georgia law and is not legal advice; for legal advice, please consult with an attorney.

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