Mitchell Foreclosure Lawyer, Georgia

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LEGAL TERMS

DEVISE

An old legal term that is generally used to refer to real estate left to someone under the terms of a will, or to the act of leaving such real estate. In some s... (more...)
An old legal term that is generally used to refer to real estate left to someone under the terms of a will, or to the act of leaving such real estate. In some states, 'devise' now applies to any kind of property left by will, making it identical to the term bequest. Compare legacy.

JUS COGENS

Principles of international law so fundamental that no nation may ignore them or attempt to contract out of them through treaties. For example, genocide and par... (more...)
Principles of international law so fundamental that no nation may ignore them or attempt to contract out of them through treaties. For example, genocide and participating in a slave trade are thought to be jus cogens.

MONTH-TO-MONTH TENANCY

A rental agreement that provides for a one-month tenancy that is automatically renewed each month unless either tenant or landlord gives the other the proper am... (more...)
A rental agreement that provides for a one-month tenancy that is automatically renewed each month unless either tenant or landlord gives the other the proper amount of written notice (usually 30 days) to terminate the agreement. Some landlords prefer to use month-to-month tenancies because it gives them the right to raise the rent after giving proper notice. This type of rental also provides a landlord with an easy way to get rid of troublesome tenants, because in most states month-to-month tenancies can be terminated for any reason.

ELEMENTS (OF A CASE)

The component parts of a legal claim or cause of action. To win a lawsuit, a plaintiff must prove every element of a legal claim. For example, here are the elem... (more...)
The component parts of a legal claim or cause of action. To win a lawsuit, a plaintiff must prove every element of a legal claim. For example, here are the elements of a breach of contract claim: There was a valid contract. The plaintiff performed as specified by the contract. The defendant failed to perform as specified by the contract. The plaintiff suffered an economic loss as a result of the defendant's breach of contract.

DIRECT EXAMINATION

At trial, the initial questioning of a party or witness by the side that called him or her to testify. The major purpose of direct examination is to explain you... (more...)
At trial, the initial questioning of a party or witness by the side that called him or her to testify. The major purpose of direct examination is to explain your version of events to the judge or jury and to undercut your adversary's version. Good direct examination seeks to prove all facts necessary to satisfy the plaintiff's legal claims or causes of action -- for example, that the defendant breached a valid contract and, as a result, the plaintiff suffered a loss.

COVENANT

A restriction on the use of real estate that governs its use, such as a requirement that the property will be used only for residential purposes. Covenants are ... (more...)
A restriction on the use of real estate that governs its use, such as a requirement that the property will be used only for residential purposes. Covenants are found in deeds or in documents that bind everyone who owns land in a particular development. See covenants, conditions and restrictions.

NULLA BONA

Latin for 'no goods.' This is what the sheriff writes when she can find no property to seize in order to pay off a court judgment.

ESCHEAT

The forfeit of all property to the state when a person dies without heirs.

LIFE TENANT

One who has a life estate in real property.

SAMPLE LEGAL CASES

Cartersville Developers, LLC v. BANK & TRUST

... Moore, Ingram, Johnson & Steele, Amy Woo Weber, Marietta, for appellee. SMITH, Presiding Judge. Cartersville Developers, LLC, appeals from the Bartow County Superior Court's order confirming a foreclosure sale by Georgia Bank & Trust. ...

Blue Marlin Dev. v. BRANCH BANKING & TRUST

... appellee. MILLER, Chief Judge. Following its February 19, 2009 hearing in this case, the trial court confirmed the nonjudicial foreclosure sale of 12.373 acres of unimproved land owned by Blue Marlin Development, Inc. ("Blue ...

Roylston v. Bank of America, NA

... Appellant David Roylston filed this lawsuit seeking damages for breach of the Georgia Residential Mortgage Act ("GRMA") and wrongful foreclosure of real property against the foreclosing lien holders, Bank of America, NA and Wachovia Bank, NA f/k/a First Union National Bank ...

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