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Real Estate Law & Litigation
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We are particularly adept in the real estate area. Understandably, real estate transactions can be overwhelming with loads of paperwork, a multitude of companies involved, lawyers, buyers, sellers, etc. We can help clarify this confusion. Our experience regarding this matter includes:
* Defense of consumers against mortgage companies
* Home Owners Associations (see below for further description)
* Investors of condominiums (see below for further description)
* Litigation relating to unfulfilled contractual obligations
* Litigation for financial harm of damages
* Mechanics liens
* Mortgage Fraud (see following page, listed under practice areas)
* Mortgages
* Quiet title actions
* Promissory note collection
* Real estate contracts; purchases/sales
* Representation of real estate developers and contractors
* Suits relating to faulty construction
* Title analysis
* Title clearance
* Wrongful foreclosure (see below for further description)
* Wrongful evictions (see below for further description)
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Complex Dispossessories (Landlord/Tenant issues)
Many homeowners and/or investors wishing to lease or rent their properties face a myriad of legal rights of tenants to whom they want to lease or rent their properties. A landlord must protect and guard themselves against any future issues by having properly drawn legal applications and leases prepared for prospective tenants. Our firm will prepare such applications and leases to fit a landlord's specific needs in assuring that they gain and maintain, over time, a valuable return on their investments by renting and leasing to tenants.
Georgia law provides a great deal of rights to tenants. With these rights, landlords may unforeseeably put themselves into a position of wrongful eviction of their tenants. Tenants rent payments may become overdue or their actions may not be consistent with the agreement the landlord had set up, but without a properly drafted lease agreement it can be extremely difficult for a landlord to actually evict their tenant(s) from the property. We offer services to those landlords who are faced with such difficult tenants and we are well versed in dealing with these tenants on behalf of our clients.
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Condominium Investors
Many Atlanta condo owners/investors have been unable to rent their units due to a glut in construction and/or problems within the current real estate market. There are options available of which we may be able to assist you. We encourange you to speak with us about possible ways to reduce or eliminate the outflow of maintaining such investments.
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Homeowners’ Associations
Our firm represents both the boards of Homeowner’s Associations as well as homeowners who pay for their Homeowner Associations to carry out their duties and responsibilities. Much of the business of Homeowner’s Associations is controlled by a very large body of Georgia Statutes and Georgia Case Law to assure that both the Boards, in their representative capacity for their homeowners, and the homeowners are protected from harm. Our firm has been very successful in representing both the boards on behalf of the homeowners as well as the homeowners themselves. Whether the board and homeowners are threatened by an outside force or from within, we are here to assist in any of those matters.
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Wrongful Eviction
Every homeowner is entitled, under Georgia Statute, to certain rights. Any mortgage lender who forecloses on a home is required to provide the tenant or homeowner such notices and rights, particularly after a foreclosure. You may not simply be legally “removed” from your home without proper notice and a right to be heard in Court. Regrettably, due to massive foreclosures occurring today many lenders and their “eviction service companies” are ignoring the statutory rights of persons living in these homes. Wrongful evictions are very serious and the Courts of Georgia are very strict about affording the foreclosed upon homeowner, or tenant, their statutory rights.
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