Legal Question in Real Estate Law in Georgia

Securing a Deed to a House

I would like to take over the mortgage payments and ownership of the house from my father-in-law. He has not paid the mortgage in two months and will soon be in foreclosure by the end of the next. He is currently in detoxification and will not be released until after the home is in foreclosure. What documents do I need to take ownership of the home and to ensure I have the legeal title and right to sell the home in the future? If the change takes place, while he is in detox, will that affect my legal rights to the home due to incapcitation? Thank you.


Asked on 9/16/02, 8:07 pm

3 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Securing a Deed to a House

You need to contact a local real estate attorney to make sure this is handled correctly. Among the issues that need to be addressed is the question of whether the mortgage is assumable or will putting title in your name allow the mortgage company to accelerate the balance.

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Answered on 9/17/02, 9:09 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Securing a Deed to a House

If the property is located in Georgia, you should obtain the services of a Georgia real estate attorney. This is an inappropriate area for do-it-yourself efforts. Keep in mind that transferring title to the real estate and transferring the mortgage obligation are two largely separate processes and accomplishing one does not accomplish the other.

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Answered on 9/17/02, 12:34 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Securing a Deed to a House

I assume you are not interested in owning the house for a few mortgage payments and are simply helping out this unfortunate person who is fighting an alcohol or drug problem. In that case you can make a subordinate deed of trust which secures you for repayment on some agreed upon terms. If your father-in-law defaults in his payments to you then you can foreclose your interest or sell your interest.

I know this is somewhat hoary for a layman to understand. Seek the assistance of an attorney and make the cost part of the loan.

Of course, if I am wrong about your motive, I'm not sure I'd want to give advice on how to accomplish this.

Let me know if I can be of further help.

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Answered on 9/18/02, 7:36 pm


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