Legal Question in Real Estate Law in Georgia

Can a lien on a home be placed by a financial institution if there are two individuals on the property deed and one of the individuals received a secured loan using that property without the other individuals knowledge or signature on loan documents????


Asked on 6/29/11, 8:44 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Yes.

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Answered on 6/29/11, 8:46 pm
Phillip M. Cook Cook Legal Services, LLC

Yes. You make it sound like the other person did something fraudulent -- they didn't. If more than one person is on the deed to real property, each party may rent, sell, and/or mortgage their respective portion of the home without the other's permission or knowledge. The lender will put a lien on title to the property so that it cannot be sold without repayment of the loan (thereby causing the lender to lose it's investment). The person you should be upset with is the other person on the deed, not the lender, but it doesn't sound like a crime has been committed here. If you want a Georgia lawyer to review the deed and the lien to affirm everything is on the up-and-up, feel free to contact me at [email protected].

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 6/30/11, 3:35 am


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