Legal Question in Real Estate Law in Georgia
Five years ago my father-in law sold a piece of property to a neighbor. Bill of sale and cancelled checks prove it. My father-in law was killed in auto accident later that year and the county tax office(Floyd county GA) was never notified or the exchange. The buyer did not report it either. We have been paying taxes on property. The buyer ignores my request for him to change it and re-imburse us for taxes. Who owns the property? What is our recourse?
You failed to tell us the most important fact - what the deed(s) say and what deeds are recorded. We don't have that information.
I am sure the deed is in Kathryn O Baker's name, but have not looked to be 100% certain. What next either way?
1 Answer from Attorneys
Real estate can only be transferred one way - by a properly executed deed. Bills of sale are not and cannot be used to sell land.
At this point you need to pay for and sit down with a real estate lawyer to determine what you can do.
And this is not the buyer's problem. Buyers don't sign deeds. Sellers do. So your father in law was the one who needed to sign the deed and for that matter file the PT-61 that reported that deed to the tax commissioner. Since he is deceased, the executor of his estate would be responsible.
In any event, by him apparently not doing things right, he has unfortunately left his family with a legal mess and a potentially unmarketable clouded title. See a lawyer ASAP.
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