Daniel Scott Wright's Answers

Can a landlord lock a commercial tenant out due to unpaid rent?

Under Georgia law, a commercial lease may provide for the eviction of a tenant without the necessity of filing a dispossessory proceeding. However, if such a provision is not included in a written lease, signed by both the landlord and the tenant, a landlord must use the dispossessory proceedings to move forward. In addition, though the landlord might technically have a lien on the property in the store, because the lease is not in writing, the landlord is on very shaky ground in not letting...

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Is it too late to act, respond on a due or expiration date?

It depends on whatever your agreements with those various institutions say. Typically, a "due date" means that you have to make a payment or take some action or there will be certain consequences, typically late fees or cancellation. Usually, agreements define the "due date" as the date of actual receipt, though, again, it depends entirely on whatever your agreements say. Insurance companies are required to give certain timed notices under Georgia law before canceling policies. The terms...

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1992 Installment loan re-aged to 5/2006

It sounds to me like you need to contact the various credit agencies, explain your situation, and request them to delete it. What the normally do is contact the creditor to confirm the information you provide. If you have further trouble, you will probably have to contact the creditor/lender in order to provide the credit reporting agencies with "uncontested" information. Good luck! Disclaimer: The foregoing is not legal advice and we have no attorney-client relationship. Every case...

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Need legal advice about business license and 501c app for a non-profit business that is still in formation stages; inexpensive?

I agree with Mr. Lyon. You will need to form a non-profit entity and file the appropriate form with the IRS, and it is a good idea to discuss the 501(c)(3) status with a professional--sometimes it can be easy to get off track if your Articles contain an invalid business purpose. Or, perhaps 501(c)(3) status is not even appropriate for you, depending on what your goals are for the organization. Note also that there organizations like the Pro Bono Partnership of Atlanta that may provide...

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Can majority owners of a piece of real estate sale the whole piece of real estate against the minority owners wishes?

The answer is "it depends." If you have a tenants-in-common (TIC) agreement that permits majority actions, like decisions to sell the property, then yes, the majority interests can make that decision. If not, and if the property is titled as tenants-in-common in a single undivided interest (the most likely ownership status of the co-owners), then the only way you're going to be able to break up the property is by filing a partition action, which can be statutory or equitable in nature....

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

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...

The bank paid more then I owed.

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...

Do I owe anything?

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...

Apartment Leasing

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...

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

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...