Legal Question in Real Estate Law in Georgia

eviction while disabled

I have had a second opinion and MRI done on my back at my own cost and the doctor told me not to lift more than five pounds and I will have to go through more test and may be looking at surgery. I did this because I am having alot of back problems even after being released by a Work Comp doctor

I have found a new job but am behind in my house payments and it looks like I may not be able to keep my current job because of the injury. A friend of mine attempted to evict a tenant for none payment (they were approx six months behind in rent). He was told he could not evict someone for none payment of rent while there were listed as disabled and under a doctor's care. I do not wish to lose my house and plan to return to the work force as soon as I am released from the doctor if I am removed from this job. I would like to know if I can be evicted if I am listed as temporarily disabled and under a doctor's care?


Asked on 1/06/02, 8:35 am

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: eviction while disabled

Look at the question from the point of view of the Lender who made the loan on your house. They were not involved in any of the issues associated with your back problem and, thus, they will not be affected by it. To avoid rental payments (temp.) you have to have what is technically called a legal excuse under OCGA 44-7-50 et seq. Your facts are not a legal excuse. To avoid a secured payment on real property (assuming the lender has a first mortgage on your house) you must have some legal defense AGAINST THE LENDER ON YOUR HOME. According to your facts, this you do not have. It may seem cruel, but if you do not pay your house payments according to the amort schedule, the 1st Mort. Lender WILL FORECLOSE on you. If you simply do not have the $, a call to the Lender's loss mitigation department may be your best alternative. Beware that there is much fraud out there these days. If an unscrup. private lender (almost never a corporation) learns that you are in dire straits, he or she will give you a 2nd mort on your home for almost nothing down and (say, 18% to 22% interest). Once you fail to pay this new 2nd lender, they WILL take your house, pay off the 1st Mort. and volia ---- own your house. The only investment the 2nd made was to spot some money for your 1st mort. until you went bellyup. And,if you pay them -- well, they make 18%+ on their money. If your house gets published in a forc. newspaper, these types of slimey creatures will show up at your door. Hope it works out for you. Hugh Wood

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Answered on 1/06/02, 2:19 pm


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