GEORGIA LAWYERS PLEASE ** I've been researching tax lien transfers in Georgia and I want to ask if I am interpreting the annoatation correctly? The county site appears to say (if I'm correctly interpreting) that if the tax lien is paid by someon...
Your decision to meet with an attorney for more details is the correct one. Some of your reading of the statute is correct and some not exactly correct. Property tax liens and tax sales are complicated, and this site only allows 4000 characters for a response. To give you a full response would take much more than the space available. To try and explain part of the process might mislead you, so your best bet is the attorney meeting you said you would be having.See question
I recently moved into a community and they are asking for our annual HOA fees... I've been paying them but I don't feel is right bc the pool has been closed since last summer and they sent out a letter saying they can't get a loan to start constru...
The simple answer is "No, you can't get out of paying your dues." The law is weighted in favor of the HOA in collecting dues, and if you don't pay, they can both lien your home and sue you for the dues plus attorney's fees that could be more than the dues themselves. There have been reported cases in Georgia where the attorney's fees have been 5 or 10 times the amount of the unpaid assessments. You don't want to get yourself in that bind.
As for what else the association does, I don't know what community you are in (and you should not post the name of the community here or in a response to my comments). But there are things the dues cover besides operating the pool. For example, the association will be using dues to pay for insurance. If someone falls into the closed pool and dies, you can be certain there will be a lawsuit against the association. Insurance would defend the claim. With no insurance, if the plaintiff gets a judgment, they may try to reach through the association to the individual members. To do so is not easy, but it isn't impossible either. Your dues are used to pay for the insurance that protects you and the association.. There also may be common area landscaping that the association has to maintain. And there could be a variety of other items as well.
The fact that the pool is not open is obviously a problem, so it may be a good idea to get involved with the association to try and get the problems solved and the pool re-opened. When you bought in the HOA, you agreed based on the recorded covenants to pay your assessments. That is an enforceable contract. If services are not being provided, the better solution is to pay and get involved rather than not paying and get sued.See question
Neighbors asking for breaks in paying their dues, not complying to covenant. I know most people in my neighborhood. I want my community to do well but I need to stand my ground as president.
Interesting question. Are you interested in not making enemies of the neighbors that don't comply with the covenants or with the neighbors that do comply? Your job as the HOA president is to enforce the covenants and apply the rules uniformly and not play favorites. Your duty is to the HOA and to all of its members. If you start favoring a member with a break on dues or you let a neighbor get away with an obvious covenant violation, the people that pay their dues and otherwise comply are going to get upset really quickly. Even though you are all neighbors, you're probably going to have to stand up to someone who wants to skirt around the rules. You may get someone upset because you ask them to conform to the rules of the HOA, but that is probably better than playing favorites. If you are uniform in your actions, the neighbor who you face up to may eventually understand. If you are not uniform, the other neighbors will probably never understand. Good luck in your new position. It is not an easy job.See question
The rental company we was renting the house from call me and told me that the owner of the house was letting the house go into foreclosure and that we had until March 3, 2017 to move out. So my husband went to talk with someone at the rental offic...
The answer to your questions is going to depend on documents we don't have available to review on this website. Unfortunately, it sounds like you need to take your lease and all written communications you have with the owner or the property manager to an attorney to be reviewed. It sounds like there is a good chance to get your security deposit back, but the documents would resolve the question.See question
I have someone who is interested in my condo, however my HOA bylaws state that renting units are not allowed. Am I allowed to move forward with a lease-to-purchase instead of renting? Does this require HOA approval? Thanks
Under most HOA documents, a lease-purchase is still a lease and would fall within the leasing provisions of the declaration. That being said, there are very few HOA leasing restrictions that can't be addressed in some way to allow you to still utilize your property if the leasing cap at the property has been exceeded. Each set of documents is different, so the method that would work at one property might not work at another. The only way to know what might work at your HOA and would also be acceptable to you is to have the documents reviewed by an attorney who is familiar with HOA and property law.See question
I checked my credit report an I have a tax lien on there from 2010 but its paid in full. It was filed by lowndes county. I just need to know what the tax lien was for and how did I get it because I wasn't living there during that time.
Most likely the lien was filed on the Lowndes County Superior Court records - probably in the lien books but possible in a different set of records. The quickest way to check probably is to go to the website www.gsccca.org. That is a website maintained by the Superior Court Clerks where you can search for recorded documents on line. There is a charge, but it is minimal.See question
A few months back, a company working for AT&T dug up part of our lawn. Next to the road is a grass strip, then the sidewalk, then our lawn. They dug up in the first few feet of our lawn and killed the sod. Now our neighbour wants AT&T to install f...
What the contractor can and cannot do is going to be determined by the plat and deed records filed at the county courthouse. There could be easements allowing the work, or the area they are digging into may be right of way even though you maintain it. You will need to get a real estate attorney to check your title if you want a clear answer to whether the work is permitted or not.See question
Also before his death he told me I could have it because his son that it was willed to died. He gave me the deeds. So now do I pay the taxes and put a fence around it?
Ownership of real property in Georgia can't be transferred by the owner telling you that you can have the property. A deed is required, and not the deed that gave title to the person who has since died. From the facts you have given, if you want the property, you need to get together with an attorney who can sort through both the real property and the probate laws that apply. There is the possibility that you won't end up with title to the property at all, but hiring an attorney to work with you will be your best bet. Paying taxes and putting up a fence wont work until 21 years has passed, and you may not want to wait that long.See question
Stepfather probated my mother's Will without notifying us at all. I kept asking him when was he doing it? He said it would take several months. Finally, 4 months after her demise he wanted us to meet him at our local court house to sign the form...
If your stepfather presented you with a will that you consented to and then substituted a different will when he filed the documents with the probate court, it sounds like you have a case of civil and maybe criminal fraud. You need to hire your own attorney with experience in complex probate issues and litigation to help sort through the issue.
One word of caution. I would go slow on suggesting that the court clerks were involved in intentionally filing the wrong documents. The court clerks file what is handed to them and don't have a duty to evaluate the documents for this type of issue. It is not impossible for a court clerk to collude in a fraudulent scheme, but it is rare.See question
The owner/co owner of a house is in jail. I not knowing this made an offer on the house, it was accepted by the wife. My due dilagence period ends 2/13. Can I get my deposit money back after 2/13 if we can't work out title and/or repairs to the pr...
Title and repairs are two different things and are treated differently, but first let's look at whether the contact is binding. Please remember that these are general responses since the contract itself controls and it is not available for review.
Any owner of an interest in property can contract to sell their interest even if there are other owners that also have interests. So if the wife is on title, the contract could be binding. Whether the wife can perform the contract is a different issue , and she could be obligated on a contract she can't fulfill.
The due diligence period on repairs gives you a fixed time to back out of the contract if repairs can't be agreed upon. If you let the due diligence period on repairs expire because you are worried about other matters (such as title), you will no longer have the ability to cancel the contract based on the physical condition of the property. If there are repair issues, address them during the due diligence period.
Title is a different matter. Real estate contracts typically have a different provision for title defects, and a portion of title being held by the husband in jail is a significant defect. Raise the issue. The wife may have made arrangements to obtain a deed from the husband prior to closing, so the fact that she doesn't have full title right now does not make the contract non-binding. If the contract is fairly standard, she has agreed to deliver good title at closing, and she can't do that if her husband has a share of the title and won't cooperate. You might not know that until closing.
If you cancel within the due diligence period, or if the wife can't deliver good title at closing, you should be entitled to all your deposit money back, at least under most contracts.
My advice is to get a copy of the contract to an attorney and try to make sure all your issues are addressed. While real estate agents have their function, DO NOT rely on the real estate agent to give you legal advice on how to protect yourself under the contract. Doing so could risk both the closing and your deposit m money. Your issue on title are something an attorney should advise you about.See question