Legal Question in Real Estate Law in Georgia

I sold some land for $50,000 . They were to pay $300.00 per month. They died and the family was asked if they wanted to take up the note. They did not. Now I am told that they owne my land and I wil have to foreclose. I never received $50,000.?????


Asked on 10/20/10, 4:26 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Since you did not bother to even tell us what documents were signed, I am not sure how you expect to get an answer. Most people who get a loan to buy land actually own the land and the creditor has to foreclose if there is a default. That is what foreclosure is for. All these are issues that you should have known from the very beginning, with the proper documentation drafted and executed. If you didn't, you might not even have a right to foreclose.

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Answered on 10/25/10, 4:34 pm

What you mentioned is vague you must be more detailed if an attorney is going to help you. I am assuming a lot of facts here but if you owned the property free and clear and then did an owner finance on the property you conveyed legal title via the warranty deed but retained a security interest in the property. Assuming you had a properly executed deed to secure debt recorded on the property you will have to go through the foreclosure process and have the property deeded back to you under the Deed Under Power of Sale. See an attorney as soon as possible.

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Answered on 10/25/10, 4:36 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your question left out so much that no one here can help you. But if you sold land as you should have the person who bought it owned it, and the heirs inherit it at death. Assuming you have a proper note and deed to secure debt, you can foreclose. You will need to see a lawyer.

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Answered on 10/25/10, 5:28 pm


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