Legal Question in Real Estate Law in Georgia
I was notified a year and half ago that someone built a house on my lot. They thought their lot was two lots down the street. I have had a professional survey. It is clearly on my lot. Their deed and mortgage(they left last year-bums) describes the lot they actually owned to a "T" by the mets and bounds. House vacant. I notified Mortgage Co. Their atty only said they cannot comment and are researching-that was over a yr ago. My property is owned free and clear and has no liens. I have secured the vacant house with my locks-police present and advised the Mort Co to stay away or will arrest trespassers. They are on notice for 3-4 Certified letters.
I have advice from 2 different attys-different.
Do I Sell without worry?
Do I pay to research and get Clear Title? I already have that.(on property)
Do I try for Declaratory Judgment from Mortgage co?
I know they have their necks filled up to the brim with forclosures, etc.
Value-was 140,000. 2 yr old. With Real estate mkt now, could get 90,000.
And shoot from the hip advice?
I resent the mort companies giving thease easy to get loans that put us in this mess and have no sympathy for them.
1 Answer from Attorneys
You've seen two lawyers and not you want advice from an anonymous internet forum based on a few sentences and no relevant documents. That is how people get in trouble to begin with (such as building on the wrong property). If you want a third opinion, see a third qualified real estate lawyer.
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