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Ask Tina Your Own Question
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I have a question about a bank walkaway, Georgia, No, Yes,

Customer Question

Hello, I have a question about a bank walkaway
JA: Where is the property located?
Customer: Georgia
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, the property has been vacant for abut 10 years
Submitted: 10 months ago.
Category: Real Estate Law
Customer: replied 10 months ago.
The property is now in disrepair and I have been given a December court date by City of Atlanta code enforcement. I am unable to sell the property because of the lien by the mortgage company. What are my options?
Expert:  DrakeLAW replied 10 months ago.

Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

Expert:  DrakeLAW replied 10 months ago.

I would say your options are to 1) Bring the property into code; 2) Do a short sale with the lender involved; 3) File bankruptcy and sell the property in the bankruptcy; 4) Walk away from the property.

Based on your question, it seems you are wondering about walkaway but I wanted to let you know all the options. Are you current on the mortgage payments?

Customer: replied 10 months ago.
No I am not current on the property and haven't lived in it for 10 years.
Customer: replied 10 months ago.
I'm mostly concerned about the consequences for not being able to get the property up to code prior to the court date? Also, I live out of state...
Customer: replied 10 months ago.
my question is - What will happen if I can't get it up to code by then?
Expert:  DrakeLAW replied 10 months ago.

I was going to ask if really that is what the issue is going to be. I am not familiar specifically with Atlanta's rules for that. I may still be able to help though. Does any of the notice you received tell you what the consequences are? If not but it does give you a code section, I can likely look it up for you.

Customer: replied 10 months ago.
Code 1977, § 14-7091; Ord. No. 1998-79, § 1, 11-9-98
Expert:  DrakeLAW replied 10 months ago.

Alright, I will not be able to help you with this like I would like. I suggest you change the question to specifically ask about what will happen if you do not appear for the code hearing, hopefully that will help you find someone with that specific knowledge. Good luck.