Real Estate Lawyers for Augusta, Georgia

in theory, any writing in which an owner intends to transfer propery that is adquatedly described and delivered to the transferee may function as a deed. However, in practice, you will find there are generally three broad categories of deeds mostly used to convey property in Georgia, depending on certain warranties, or the lack thereof, contained therein. These categorizes include warranty deeds, limited warranty deeds, and quitclaim deeds. In a warranty or general warranty deed, the grantor generally warrants title, and promises to defend the grantee against third party title claims that either arose, or which are based on events occuring at anytime during the grantor's ownership of property OR the ownership of any of the grantor's predecessors in title. In a limited warranty deed, a grantor generally warrants and promises to defend the grantee against title claims which arose, or which are based on events occuring during the grantor's ownership only. A quitclaim deed generally contains no warranties. Therefore, the grantee or transferee of a quitclaim deed has little to no recourse against the grantor if there is an issue with the title to the property based on the deed alone. Quitclaim deeds are often used when there is little or no money being exchanged for the property such as when there is a transfer of family property, between family members or where property is gifted.

A quit claim deed is effective upon execution so long as the deed is dated as of the date of signature. Execution means that the deed is signed, in front of a witness and a notary. The witness and notary must also sign the deed. Finally, the deed must be recorded. This means that the deed must be submitted to the Superior Court recording office of the County in which the property sits. Please let me know if you have any questions. Thanks, Meghan K Thomas

Hello. First, I would like to say I am sorry for your loss. Regarding your question, I can provide a more general type of answer since more specifics are needed to determine the rights of you and your mother. The ability to continue with a forbearance program under these circumstances depends on the type of program applied to this loan. For example; the COVID hardship forbearance program applies to ALL federally backed and federally sponsored mortgages (HUD/ FHA, VA, USDA, Fannie Mae/ Freddie Mac). Depending on the loan type, a total of 18 months of forbearance may be applied to the loan. If the bank applied a different type of forbearance program, there may be different stipulations and mandates. Therefore, it is important to know what type of forbearance program is being applied and what the stipulations are. In any event, forbearance is an agreement by the bank to not do something (such as place the loan in default for missing a mortgage payment) for some stipulated period of time. The mere fact that your father is the only person listed on title and has passed away, may not change that agreement especially if the loan is federally backed. This is because although many loans and forbearance agreements contain a due on sale transfer provisions, federal law prohibits enforcement of these provisions for federally backed mortgages when the transfer is death related. Thus, depending on the circumstances, the bank may be prohibited from immediately accelerating (requiring "the missed payments all at once").

Hi there, A real estate attorney—specifically one who handles property disputes and boundary line issues—is the right type of lawyer for this matter. I assist clients with these kinds of disputes by helping them understand and assert their legal rights when property boundaries are in question. Here’s how we typically approach a situation like yours: Homeowner’s Plan of Action to Establish Ownership & Defend Property Lines: Obtain the Legal Description of Your Property: Start by reviewing your deed, plat maps, and title documents. These outline the legal boundaries of your property and are critical for defending your claim. Order a Professional Land Survey: A licensed surveyor can physically mark the boundary lines and create a survey report to compare with your legal documents. This is often the first and strongest piece of evidence in a boundary dispute. Review Title History & Any Easements: We will check for any title issues, encroachments, or easements that could affect your rights or provide clarity. Send a Cease-and-Desist or Demand Letter (if appropriate): Before litigation, we may attempt to resolve the matter through a formal letter outlining your legal position and requesting your neighbors stop any encroaching activity. Initiate Quiet Title or Declaratory Judgment Action (if necessary): If your neighbors are asserting ownership or taking aggressive actions, we may file a lawsuit to quiet title or seek a court ruling on the proper boundary. Defend Against Adverse Possession or Encroachment Claims: If your neighbors are claiming rights due to long-term use, we will gather evidence to challenge that, including photos, testimony, and maintenance records. Negotiate a Settlement or Easement Agreement (if desired): Sometimes disputes can be resolved amicably without litigation, through a mutually agreed upon solution. If you are currently experiencing this issue, I would be happy to discuss your situation in more detail during a consultation. We can review your documents and help you take the right steps to protect what is legally yours. Looking forward to helping you secure your land and your peace of mind. Best regards, Jerome Lucas Newell, Esq. Real Estate & Civil Litigation Atto

Under general Contract Law, the pre-existing conditions of the property merge into the Deed at the time of conveyance pursuant to the Merger Doctrine. However, exceptions to this rule do exist, particularly under state statues requiring disclosures pertaining to the sale of real property. Consult with a qualified attorney in your state to discuss possible remedies.