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Meet some of our Roswell Real Estate Lawyers
Kendall C.
Kendall is a data privacy attorney by trade, and is an active member of the Bar in Texas and Georgia. In litigation, he handled thousands of cases to final disposition in litigation throughout the United States, Latin America, & Europe. As corporate counsel, he guides companies through the marketing and advertising industry and, by extension, many other industries. Further, Kendall is an adherent to the Ben Hogan school of swing thought and, by natural extension, is a proponent of accurate wedge play through residential neighborhoods. He occasionally aspires to a career in turf management.
AJ M.
⛵AJ has practiced in entertainment, technology, intellectual property, data privacy and protection, a broad array of domestic and international transactions, finance, and as outside General Counsel for startup and growth companies.
Bobby H.
Bobby E. Hill, Jr. is a native of Tuscaloosa, Alabama and holds undergraduate degrees in music and business administration from Xavier University of Louisiana. He received his Juris Doctor from the University of Miami School of Law where he was a staff and articles editor for the school’s Race & Social Justice Law Review and a student attorney in the institution’s Immigration Clinic. In addition to freelancing, Bobby is currently a litigation associate at Johnson & Freeman, LLC, a boutique litigation firm in Atlanta, Georgia, where he practices in the firm's Condemnation, Probate, Real Estate Litigation, Real Estate Transactions, E-Discovery and Business and General Civil Litigation Practice areas. In this role, Bobby has acquired appreciable experience in drafting memoranda of law for partners and senior counsel, and all litigation related pleadings including pleadings related to dispositive motions, discovery, appeals, and other post-judgment relief.
Karen S.
I'm an attorney available to help small businesses in Georgia get started with initial business set-up, required filings, tax strategies, etc. I'm also available to draft, review, and negotiate contracts. I can draft and file real estate quit claims as well. My experience areas include small business startups, information technology, technology innovation, real estate transactions, taxes, community associations, intellectual property, electrical engineering, the business of video game development, higher education, business requirements definition, technology consulting, program management, and the electric utility industry. I work part-time for a local law firm and part-time in my solo practice. I'm also an adjunct professor at Southern New Hampshire University teaching business innovation and business law. In addition, I'm part owner, legal counsel to, and a board member of a virtual reality video game development company. I am a member of the Georgia Bar Association. Please reach out if you need attorney, documentation or consulting help in any of those areas!
December 27, 2022
Brent W.
Brent has been in practice since 2007 and been the principal attorney and owner of The Walker Firm, LLC since 2014. Brent focuses on providing an array of general counsel services to individuals and companies in a variety of industries.
January 26, 2023
Brittany T.
Brittany is an experienced attorney specializing in transactional and complex contract matters including but not limited to SaaS development and product implementation, technology/data agreements, licensing, and compliance. She has over 7 years of experience providing strategic legal advice to individuals and business clients of all sizes, from start-ups to large corporations. Brittany has a strong understanding of the legal issues related to technology and software and is well-versed in drafting and negotiating contracts ranging from software licenses to data sharing agreements. She is a highly-skilled negotiator and is adept at finding creative solutions to challenging legal issues.
March 30, 2023
Bukhari N.
Bukhari Nuriddin is the Owner of The Nuriddin Law Company, P.C., in Atlanta, Georgia and an “Of Counsel” attorney with The Baig Firm specializing in Transactional Law and Wills, Trusts and Estates. He is an attorney at law and general counsel with extensive experience providing creative, elegant and practical solutions to the legal and policy challenges faced by entrepreneurs, family offices, and municipalities. During his legal careers he has worked with entrepreneurs from a wide array of industries to help them establish and grow their businesses and effectuate their transactional goals. He has helped establish family offices with millions of dollars in assets under management structure their estate plans and philanthropic endeavors. He recently completed a large disparity study for the City of Birmingham, Alabama that was designed to determine whether minority and women-owned businesses have an equal opportunity to participate in city contracting opportunities. He is a trusted advisor with significant knowledge and technical experience for structuring and finalizing a wide variety of complex commercial transactions, estate planning matters and public policy initiatives. Raised in Providence, Rhode Island, Bukhari graduated from Classical High School and attended Morehouse College and Howard University School of Law. Bukhari has two children with his wife, Tiffany, and they live in the Vinings area of Smyrna.
April 14, 2023
Karen M.
Karen V. Mills is the founding member of the woman-owned boutique law firm Mills Law, LLC, based in Atlanta, Georgia, specializing in contracts, corporate transactional and business law.
August 20, 2023
Julius T.
With 20 years of law practice experience, Julius is an accomplished and experienced attorney. Julius provides counsel to individuals, businesses, churches and other nonprofits, ministry leaders, and entertainment and creative artists on matters involving drafting, reviewing, and negotiating contracts; corporate formation and governance; real estate transactions; information technology; employment and human resources concerns, and last wills and testaments. A graduate of Emory University and the University of Georgia School of Law, Julius has notably served as counsel to the Georgia General Assembly (Georgia House of Representatives and Georgia State Senate) and the City of Atlanta / Hartsfield-Jackson Atlanta International Airport. Julius is also a licensed Realtor® and a native Atlantan.
June 17, 2023
Nancy B.
I was born in Charlotte, NC and primarily raised in Dalton, GA. I graduated from Dalton High School in 1981 where I was in the band and the French club. I also participated in Junior Achievement and was a member of Tri-Hi-Y. New York granted my first license as an attorney in 1990. I then worked as a partner in the firm of Broda and Burnett for almost 10 years and as a solo practitioner for about 2 years. I worked as a general practitioner (primarily doing divorces, child abuse cases, custody matters and other family law matters, bankruptcy, real estate closings, contracts, taxes, etc.) and as a Law Guardian (attorney who represents children). I obtained my license in Tennessee in December 2002 and began working as an associate at Blackburn & McCune from February of 2003 until May of 2005. At Blackburn & McCune I provided telephone legal counsel to Prepaid Legal Services (now known as Legal Shield) members, wrote letters for members, reviewed contracts, attended hearings on traffic ticket matters and represented members with regard to IRS matters. In May of 2005, I went to work for North American Satellite Corporation where I served as Corporate Counsel. I handled a number of taxation issues, reviewed and wrote contracts, counseled the CEO and Board of Directors on avoiding legal problems and resolving disputes, and represented employees on a variety of matters, and also assisted the company for a period of time as its Director of Accounting. In 2010, I volunteered as a law clerk for Judge Robert Adams in Dalton, Georgia until I obtained my license to practice law in Georgia in November, 2010. In Georgia, I have handled a variety of family law matters, drafted wills, advanced health care directives, power of attorney documents, reviewed and drafted contracts, and conducted real estate closings. Currently, I accept cases in the areas of adoption, child support, custody, divorce, legitimation and other family law matters. In addition, I handle name change petitions and draft wills.
June 28, 2023
Heather B.
I currently focus on estate planning, uncontested divorces, mobile real estate closings, and contract review for small businesses after starting my firm after leaving my position a partner at a national law firm specializing in creditor rights and real property.
July 26, 2023
Nicole W.
At Whalen Legal Group, PC, we strive to ensure that our clients are provided with the highest quality legal representation. Our team is committed to providing you with personalized and effective legal advice. We specialize in Business Law, Estate Planning and Trust, and Real Estate Law and have years of experience in these fields.Our goal is to provide our clients with the best possible service and to ensure that their legal matters are handled with compassion, integrity, and transparency. We understand that every situation is different and we take the time to listen and understand each and every one of our clients’ needs.
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Browse Lawyers NowReal Estate Legal Questions and Answers
Real Estate
Quitclaim Deed
Georgia
What is a quitclaim deed?
I recently inherited a property from a family member and I was told it was transferred to me through a quitclaim deed. I am not familiar with this type of deed and would like to know more about it, including what rights and responsibilities I have as the recipient of this deed. I have also heard that quitclaim deeds can be used to transfer property from one person to another, so I would like to know more about what this process entails.
Bobby H.
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.
Real Estate
Mortgage Agreement
Georgia
Which court document shows the mortgagee?
Just asking
Howard B.
To be clear, the mortgagor is the person taking the loan and giving the creditor a security interest in real property. The mortgagee is the creditor, typically a bank. Which court document depends on what type of proceeding you are involved in. If you are asking about a foreclosure action, the mortgage instrument is typically filed with the petition/complaint initiating the action. However, I'm an Oklahoma attorney, not a Georgia attorney, so I don't know if the same requirement applies to filings in your state. However, that's what is typical. The problem is that the loan is often sold, so the promissory note and the mortgage are assigned to other companies. The manner in which that happens varies by state. There might be attachments showing the documents were assigned to other financial institutions who presumably bought the note and mortgage. Those are usually pages attached to the back of the mortgage agreement. Also, there is a company called the Mortgage Electronic Registration, Inc. ("MERS") that tracks ownership of loans without making a separate assignment each time a loan is transferred from one financial institution to another. In a MERS case, there is typically a statement from MERS, often in a long legalese document called an affidavit. Somewhere in that affidavit, it likely says who the present owner is. Alternatively, the affidavit simply verifies that some other document is a true copy of their business records, and THAT document will have the mortgagee information. For more detailed information, you will need to take whatever documents you have and whatever case information you have (especially the case number) to an attorney in the state where the property is located, preferably in the county where the property is located. Good luck!
Real Estate
Quitclaim Deed
Georgia
How enforceable is a quitclaim deed?
I recently inherited a piece of property from a family member and have been told that a quitclaim deed is the only way to transfer the title to my name. I am concerned about the enforceability of this document and would like to understand the potential risks and benefits associated with using a quitclaim deed. I am also curious about the legal requirements for making a quitclaim deed valid.
Bobby H.
In theory, any writing in which an owner intends to transfer propery that is adquatedly described and delivered to the transferee is enforcable against the GRANTOR. Thus, a quitclaim deed is generally a valid deed, provided that it has been executed with the requiste formalities for purposes of recording in the public records, and adequetly describes the property. Generally, the term "quitclaim" simply signifies the the grantor does not promise to defend the grantee against any third party title claims. To be properly executed, the deed generally must be executed by the grantor in the presence of the notary, notarized, and signed by the notary and one additional witness. Without meeting these requirements, the deed may not be accepted for recordation in the property records, which also makes the deed "enforceable" against third parties, because it service as notice to those who do not have a previously recorded interest in the property of the grantee's title. In sum, a deed, including a quitclaim deed is generally enforceable against the grantor, but must be executed with the above formalities AND recorded to be "enforceable" against, or serve a notice to third parties of the new owner's interest in the property.
Real Estate
Quitclaim Deed
Georgia
Are there risks in accepting a quitclaim deed?
I recently inherited a property from my aunt and I am considering transferring ownership to my cousin using a quitclaim deed. I have heard that there are some risks associated with this type of deed, and I wanted to make sure that I understand all of the potential implications before making a decision. I am looking for advice on how to proceed in a way that is most beneficial for all parties involved.
Bobby H.
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 the 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.
Real Estate
Purchase And Sale Agreement
Georgia
Purchase and sale agreement and boundaries?
I am in the process of purchasing a house and the purchase and sale agreement includes the boundaries of the property. I am concerned that the boundaries listed in the agreement do not match the boundaries of the property as shown in the survey, and I would like to know what my legal options are.
Bobby H.
Your options should be set forth in your purchase and sale agreement. Most agreements provide for amendment and/or cancellation if issues are discovered and not corrected during the due diligence period or short period of time thereafter PROVIDED the seller has been placed on notice in accordance with the terms of the agreement. Regardless whether the sales agreement is amended, verifying and ensuring that the legal descriptions in the final closing documents contain a references to the survey should suffice.
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