Legal Question in Real Estate Law in Georgia

Homestead Pinciple

I found an abandoned new construction home in GA that was foreclosed on in 2006 and has never been occupied by anyone because the construction has not been completed. Through due diligence, I was able to find that there is $20,000 in tax liens as well as the bank said to own the property. When I contacted the bank, I was told they did not have any record of the home. Is it possible to obtain the title to this home through the homestead principle if I pay the taxes and complete the construction? If so, how would I initiate the process? How long does it usually take? How much will the legal fees be?


Asked on 1/24/09, 9:19 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Homestead Pinciple

"Due diligence" requires more than you posted, so no one here can tell you what you can do as far as that property. For example, you don't state the results of a title search (the bare minimum of due diligence). Assuming the bank is the last title holder in the RE records, how far did you go in pursuing the issue with them? It isn't enough to call and ask someone who doesn't know, when the deed states otherwise. A record title would be "records" they own/owned it, whether or not they had a copy in hand. That is just the start...

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Answered on 1/24/09, 10:30 am


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