In this economy and real estate market, real property disputes are on the rise and can affect you in many ways. Whether you have been wrongfully foreclosed upon, done business with an unscrupulous person, or cannot collect on a judgment due to fraudulent real estate transfers, our attorneys can help protect your rights and recover compensation for any wrongs you have suffered. From transactions to litigation, Barnes Firm’s attorneys have experience in every facet of the law dealing with real estate. Call today and come in to schedule an appointment for a free consultation.
Barnes Firm gets results in real estate litigation matters.
Areas of Expertise include:
- Landlord / Tenant Issues
Barnes Firm’s attorneys are knowledgeable in all aspects of Landlord/Tenant law and can navigate you through the murky waters of dispossession. Georgia laws require specific actions be taken by landlords dealing with eviction and dispossessory issues. At the Barnes Firm, we know the necessary steps to ensure that the eviction process is handled correctly, efficiently and successfully.
The State of Georgia requires that landlords provide their tenants with certain rights as well. If you are a tenant dealing with an unscrupulous landlord, contact Barnes Firm now as time is of the essence in every landlord/tenant case.
- Homeowner’s Association Disputes
Barnes Firm attorneys are experienced in all areas regarding Homeowner’s Associations (HOAs), from drafting HOA documents to enforcing them or even contesting them. If you are planning on purchasing or leasing a property governed by a homeowner’s association, we can review the association’s documents, including the Declaration of Covenants and Bylaws, and provide legal advice based upon your needs.
- Wrongful Foreclosure
Undoubtedly, you have read or seen reports in the news of widespread bank and mortgage lender malfeasance. Barnes Firm has experience litigating against many of the country’s largest and most powerful lending institutions. If your home has been wrongfully foreclosed upon or you were induced to give your last few dollars to a bank in exchange for the empty promise of a loan modification, call us today.
You are not alone. Untold numbers of Americans have suffered tremendous financial loss because of the carelessness and negligence of banks and mortgage lenders. Fight back! We are here to help you. Schedule your complimentary consultation with one of our attorneys today.
- Contract Litigation
Contract disputes can be daunting and confusing. Courts can rely on the plain meaning of the contract, but sometimes must determine the intent of the parties in order to define each party’s responsibilities. Even the best-written contract cannot ensure that the parties will live up to their end of the bargain.If you find yourself in a contract dispute, hiring an attorney with contract litigation experience is a must. Barnes Firm attorneys are skilled at negotiations that may help you avoid protracted litigation. If litigation has already begun or is imminent, we can help decode the plain language of the contract as well as the parties’ intent and craft persuasive arguments to aid in success should a trial be necessary.
- Fraudulent Transfers
After acquiring a judgment in a Georgia court, some judgment creditors find it difficult to collect the amounts they are owed. Many times, judgment debtors have purposefully and wrongfully transferred property they own to someone else in an effort to avoid payment of judgments. In other situations, people fraudulently transfer their property in anticipation of a judgment being entered against them.Georgia has specialized laws to protect judgment creditors from this type of fraudulent behavior. The Georgia Fraudulent Transfer Act is a valuable tool to set aside or avoid property transfers that a person may make to avoid paying you on a debt or judgment. If you are owed money, even if you have not filed a lawsuit or obtained a judgment, and are facing this situation, we may be able to help you recover your money or property by setting aside the transfer or obtaining a judgment against the receiver of the property.
- Contract Drafting / Review
Real estate contracts can be very tricky. Because a real estate transaction has so many facets, it is important that your sales contract contemplates any contingencies that could arise and protects you should everything not go according to plan. If you are purchasing or selling real property without the aid of a real estate agent, we can draft a contract that fits your particular needs and is suited to your specific situation.If you are a seller contemplating owner financing, the documents signed by the purchaser/borrower and filed with the Clerk of Court are extremely important. They protect you, your rights, and your property. A poorly-written note and security deed can turn what should be a relatively simple foreclosure into a litigation nightmare.
Don’t be caught in a sticky situation because you have used a document you found online or purchased at an office supply store. Hiring an attorney to draft proper contracts and loan documents will ensure that your rights and assets are protected. Whether it be a standard purchase and sale agreement, a lease purchase, a rental contract, or deeds of any kind, Barnes Firm attorneys can help.
- Property Boundary Disputes
If your neighbor has knowingly or unknowingly built any structure on your property and refuses to remove it, it is important that you exercise your rights before you lose them.If you find yourself in a property boundary dispute with a neighbor, our attorneys can help you gather pertinent information, take the necessary steps to determine your rights, establish correct property boundaries, and pursue compensation for your damages and losses arising from the encroachment onto your property. We also have extensive experience in dealing and negotiating with title insurance companies.
- Real Estate Agent Commission Disputes
Due to the nature of real estate agent agreements, agents must often turn their entire commission check over to their broker and then wait for their portion of the commissions to be returned. Brokers sometime withhold more money than they should or hold it longer than they should, causing great financial hardships for agents.Our firm has experience in dealing with unscrupulous, insolvent or just plain defiant real estate brokers. Our attorneys have brought successful claims against some of the largest real estate brokerage companies in the state in situations where commissions have been wrongfully withheld.
If your neighbor is engaging in conduct or activities on his or her own property that is ruining your ability to rest, relax, and enjoy your home, your neighbor could be liable for creating a nuisance. Your neighbor does not have to actually step foot on your property to interfere with your right to quiet use and enjoyment of your property.Barnes Firm attorneys can help you halt such a nuisance and even get you compensation for the hassle and annoyance you have suffered due to your neighbor’s conduct.
- Title Clearance
If you are attempting to buy or sell a home, a title issue such as a lien or a Writ of Fieri Facias (Fi. Fa.) could slow down or even ruin the entire process. We are experienced, not only in recognizing clouds on titles, but also in remedying them, and making sure that such issues are never a problem again.Our attorneys will review your title examination report and even conduct our own title examination to ensure that any title issues are handled properly and efficiently so that you can move forward with your real estate closing transaction.