On February 25, 2025, David S. Klein, a partner at Rountree Leitman Klein & Geer, LLC in Atlanta, Georgia, delivered an insightful presentation at the State Bar of Georgia Real Property Law Section's Title Standards Seminar. Klein, a seasoned attorney with extensive experience in real property law, spoke on the topic of "Forms of Title Litigation." His presentation was a Continuing Legal Education (CLE) event designed for attorneys who are members of the State Bar of Georgia.

During his informative session, Klein provided an in-depth exploration of various forms of title litigation, a subject of critical importance to legal practitioners specializing in real property law. The presentation delved into several key areas, including quiet title actions, declaratory judgments, reformation actions, and fraudulent transfer actions. Each of these topics was examined with the goal of enhancing the understanding and proficiency of attorneys handling complex title disputes.

Klein explained the nuances of quiet title actions, emphasizing their importance in resolving disputes over the ownership of property and clearing potential defects in a title. He also detailed declaratory judgments, which serve as a judicial determination of the parties' rights under a contract or statute, often utilized in title disputes to clarify property ownership.

Additionally, Klein highlighted reformation actions, which involve the correction or modification of a written instrument to reflect the true intentions of the parties involved. He concluded with a discussion on fraudulent transfer actions, which are initiated to prevent the transfer of assets to evade creditors, a pertinent issue in title litigation.

Rountree Leitman Klein & Geer, LLC is proud to have David S. Klein represent the firm and contribute to the professional development of his peers at such a prestigious event. His expertise and commitment to legal excellence continue to make a significant impact in the field of real property law.

About Rountree Leitman Klein & Geer, LLC

Rountree Leitman Klein & Geer, LLC is a reputable law firm based in Atlanta, Georgia, offering a wide range of legal services to clients throughout the state. With a team of experienced attorneys, the firm is dedicated to providing exceptional representation and achieving successful outcomes for its clients in various areas of law, including real property, bankruptcy, and commercial litigation.

No, I'm not talking about the international soccer club or that guy on Food Network with the annoyingly frosted tips. 

A Writ of Fire Facias is simply the document issued by the county clerk's office to record a lien on all your property within that county. This includes both real (like your house) and personal (like your car) property. It is essentially a fancy legal term for a judgment lien. If you have a judgment lien out there, I can find it and strip it off all your property with either a Chapter 7 or Chapter 13 bankruptcy.

You can only have a FIFA recorded against you if you have been sued. First, the sheriff or some private process server will come to your door and hand you a large envelope with a stack of papers in them called the summons and complaint. The summons gives you instructions on when you need to file a formal legal answer to the complaint against you. The receipt of these papers is called "getting served." If you do not file a proper answer, the creditor suing you can ask the court to enter a Default Judgment against you. If this happens, shortly thereafter, a Writ of Fieri Facias can be filed for the requested amount that the creditor is trying to recover from you. This amount will continue to accrue interest at the statutory rate for as long as it remains unpaid, which will make it very difficult to ever pay off in the future.

Fortunately, in either a Chapter 7 or Chapter 13, I can avoid the judgment lien (FIFA) on any household goods that are exempt under applicable state law. Most people's property will be fully exempt, or protected, in a Chapter 13 or Chapter 7 bankruptcy. Also, if you own real property that already has a mortgage on it, that mortgage will likely be worth more than the value of the property. For instance, if your house is worth $150,000, and you owe the bank $140,000, you $10,000 of equity. If Midland Funding or some other debt buyer sues you, you choose not to defend it, and they pop you with a $20,000 writ of fieri facias, they can potentially do a sheriff's sale on your home and take the $10,000 in equity you have.

But, if you file bankruptcy, your Georgia bankruptcy exemptions will allow you to protect that entire $10,000 in equity, meaning that we can avoid that FIFA completely. This will turn a secured debt (a debt that is secured by some collateral, such as your house or car) in to an unsecured debt (debt that is not secured by anything but a promise to pay, like credit cards or medical bills).

If you want to figure out how much your home is worth, check out Zillow.com and your local tax assessor. Those are good starting places, and many Atlanta bankruptcy judges will accept valuations from these two sources.