Legal Question in Real Estate Law in Georgia

Re: What rights do I have concerning the house I am purchasing?

I am confused by your question. Ordinarily, one does not buy a house from a "lienholder" but from a "seller". If there is a written contract, that will determine the input he/she has into your affairs. Ordinarily, once a contract is signed, the seller has no say. Have the contract reviewed by a local attorney.

Re: What rights do I have concerning the house I am purchasing?

If you are purchasing a house that you suspect may have title problems, then your best option is to hire an attorney to examine the title, advise you of the status of any title defects, and the measures that must be taken to cure them. My firm does this type of work. The few hundred dollars that you invest may save you thousands to hundreds of thousands of dollars.

Re: What rights do I have concerning the house I am purchasing?

There is nothing in your post to indicate you have title problems, such that you need to pay a legal fee to sit and review the documents. If you have issues, see a lawyer who specializes in real estate matters, and not one who claims to do that and many other areas of law - there is a difference. To the extent you have issues with the other person, the best option is to have a conversation and work it out prior to considering or threatening legal action.

Re: What rights do I have concerning the house I am purchasing?

Your question leaves your relationship to the "lienholder" unclear. It appears that you are now in possession, so some form of transaction must have been closed.

By your use of "lienholder" I am assuming that you have purchased the property, and that the lienholder is the prior owner. His rights and yours are governed by the deed to secure debt, and cannot be conclusively determined except by having an attorney examine the document. Generally speaking, a lienholder's rights do not extend as far as yours is claiming, absent a provision in the security deed, or an upkeep failure which might create a lien of some sort (fines, homeowner's association fees, etc.)

As to items she left behind, if you have bought the house and hold title, anything she left is considered abandoned, and can be disposed of as you see fit, absent a provision in the sales contract allowing her to leave it and take it later. Again, have an attorney look at it to be sure. You can send a letter demanding its removal by a given date, stating that you will treat it as abandoned after that date.

The other scenario is that you have entered into a lease-purchase agreement of some sort, in which case you have not a "lienholder" but a landlord. Again, the lease-purchase agreement governs all of these matters, and you should have the agreement reviewed by an attorney to determine your rights and hers. In general, a landlord does have rights to demand proper upkeep of her property. If a landlord leaves personal property on the rental premises, the rights of a tenant are somewhat unclear, but it cannot automatically be considered abandoned. Again, a demand letter stating that it must be removed by a certain date is in order. Consult an attorney before you do this, however, and perhaps have him draft the letter--the impact of a lawyer's letterhead is often worth the price.