Legal Question in Wills and Trusts in Georgia

There's NO way anyone can lend money and KNOW it will come back. And lending to a spouse is even more problematic, because the only way to try to collect could be in divorce court. I always tell people that when you lend to family consider it a gift and if you get lucky you get paid.

Having said that, if you want to do it anyway, see a lawyer to draft it in a way that at least gives you a security interest in land. Do not do it yourself without counsel. Feel free to call me at 404-768-3509 if you want help with it.

There are ways to protect yourself, but there is no guarantee that you will get repaid. You need an attorney to draw up the documents. However, if he cannot pay the current creditor, it is doubtful he can repay you. As a result,, you may wind up with the land you didn't want in the first place. If he doesn't pay you, are you willing to foreclose on the loan and sell the land? If not, you may not ever get your money back.