All Forum Posts by: Kalimah Jenkins

I use Bowling and Associates in Kennesaw. He's one of the most professional, quickest attorneys I've ever dealt with. I use him for all of my Closings. He does not perform double Closings.

Hayes Freeman Stan Butler Agreed. The pickins are slim in those areas right now. Really thin. I know that I need to move to different parts also but it will be an entirely new learning curve. I KNOW the area in presently in.

Thanks all.  @Gordon Vaughn You are right about that.  And I will also say that it didn't hurt that I am still an admitted attorney in GA even though I haven't practiced in years.  I believe it was that fact alone (knowing my way around a courtroom and an ability to research the law) that lead to a result in my favor.  I just don't think that a non attorney would have received the same deference without spending $1,500 to have an attorney argue the case.  Got an eviction today and saved myself $1,500 bucks.

Gordon Vaughn Richard Balsam Jay Hinrichs Magistrate held an emergency hearing this morning, agreed with my jurisdictional arguments, and ordered an immediate writ of possession in my favor.

@Gordon Vaughn -- Arghh -- I just learned that the court apparently accepted the jurisdictional arguments and is only having a hearing based upon the eviction.  I then asked why if the tenant never answered in the first instance?

Because tenant is now challenging service.  The process server apparently never filled out the portion of the petition that says tenant has 7 days to answer.  He did file the appropriate affidavit with the court.  Do you have any idea if that section is REQUIRED BY LAW? I am just having bad luck.  Almost there but now a service issue.

Gordon Vaughn Emergency hearing set for tomorrow morning on the eviction. Will update after.

Richard Balsam The sheriff has opened a case against the original seller. They are still investigating.

Went to the magistrate today with two emergency requests: 1) court doesn't have jurisdiction to deal with anything other than the eviction, 2) I am a good faith purchaser for value in any event. Court called today and said that they will have an answer for me by tomorrow regarding whether it is going to stay the writ, vacate it, or hold a hearing.

@Gordon Vaughn Right, right, and right.  Update:  Title company claim in, but hey, we can't do anything until title policy issued.  Attorney:  hey, we will issue it, but it takes another week or so, but I spoke with both underwriters again who assured me clean deal.  Investigator: I am still looking into it.  Judge:  issues a writ saying we can get stay lifted or writ vacated depending on investigation.

Magistrate supervisor:  sorry, we can't do anything for you.  Have to wait.

Me:  Nope, not waiting.  I need a final order so I am coming to court tomorrow morning with a motion to lift the stay citing that the magistrate has no jurisdiction over determinations that are over $15,000 or that involved decisions regarding ownership of real estate.  Regardless of what she does, I will have a final order to take to Superior court.  We are not going to sit on this.  

Crazy thing:  I am going to ask her to decide ex parte because it's jurisdictional anyway, but also, there is no complaining witness.  The tenant cannot challenge my title, she has no standing.  However, she's the one on the stayed case.  The "unknown person" challenging title hasn't even filed a case.  Yet, he is getting the benefit of court action.  How crazy is that?

My deed was filed today.  Attorney seemed to now make that happen pretty fast.

@Greg H. You are right on target.  I am a good faith purchaser for value.  It just hurts to pay cash and be delayed.  Can't make up for the time.  But yes, there's the attorney, wholesaler, and title company in the mix.  I doubt that the wholesaler or seller can pay.