Areas Of Practice2018-12-18T15:46:37+00:00

Our Areas Of Practice

The Fabian Law Firm is a full service law firm practicing predominantly in the areas of home owner association law, probate, wills, trusts, estates, commercial landlord/tenant negotiations and disputes, real estate closings and title issues.

Real Estate

  • Refinance or purchase mortgage loan closing almost ANYWHERE in the state of Georgia,
  • Close second mortgages and equity lines of credit closings,
  • Purchaser’s counsel for the purchase of commercial/residential real estate,
  • Seller’s counsel for the sale of commercial/residential real estate,
  • We can have full title searches done almost ANYWHERE in the state of Georgia within a 24-hour to 48-hour turn around

The Fabian Law Firm has conducted thousands of closings since its inception in 1996 in the metro-Atlanta area. These transactions range in size from the small $25,000 lot purchase to a multi-million dollar commercial transaction. It has been endorsed by several of the main title underwriters over the years and it proudly provides the same level of service to each transaction, regardless of its purchase price. In Georgia, the buyers/borrowers have the option of choosing the real estate closing attorney. More often than not, the buyers/borrowers are paying the closing attorney fee. Many of our clients are referred to us by our previous clientele. This is a great source of pride for us and we truly appreciate our clients.

Click Here – Real Estate Closings Common Questions and Answers

  • Preparation, negotiation and enforcement of real estate contracts
  • Preparation, negotiation and enforcement of commercial real estate leases

The Fabian Law Firm is an excellent resource for clients needing contracts drafted involving real property ranging from sale/purchase of a residential home to the leasing of commercial space and everything in between. Real estate contracts are the backbone of these transactions. We ensure our clients that our contract drafting skills will save them a lot of time and money in the long run because we make sure that the rules and regulations governing the deal are set forth up front. In this way, there are no surprises that come up during the period of time covered in the transaction. Our contracts attempt to dictate and control various scenarios that may present themselves during the contract period giving our clients a sense of relief.

Leases are vital in dictating the rules and responsibilities of all parties in commercial landlord / tenant relationships. Commercial leases range in size from a couple of pages to several hundred, single-spaced. Knowing how to navigate through this maze of legalese is important. Negotiating seemingly minor provisions can save our clients a lot of money during the lease term. Should a dispute arise between the parties over the lease agreement, we are ready and able to take on the matter and represent our clients in mediation, arbitration or litigation, as the lease agreement dictates.
There are times when landowners discover that there are title issues that prevent them from selling or mortgaging their property. These issues develop because of errors made in the chain of title from prior transfers, errors in the legal descriptions, probate claims, tax liens, just to name a few. Sellers of real property generally cannot sell their property without clearing these issues up. The Fabian Law Firm handles these matters regularly and has the expertise to track down and correct the problems that are encumbering the title of real property.

Boundary line disputes generally come up when property owners are attempting to fence in their property or sell off parts of larger parcels that they own. Land surveys will discover boundary line encumbrances and infractions. A typical example is a client that unknowingly had a driveway going over their neighbor’s property. We work with all the parties involved, including the surveyor, and work out equitable agreements that rectify the situation. If an agreement cannot be worked out between the parties, we will then take it to the next level and commence litigation.

Wills and Probate

  • Draft Wills, Trusts, Living Wills, Health Care and Financial Powers of Attorney
  • File Probate Proceedings

Will Questionnaire Download Now

Believe it or not, Wills are “living” documents.  They need to be updated regularly as you go through life.  Generally, Fabian advises her clients to consider updating their Wills whenever one of these life triggers occurs:  births, deaths, marriages, divorces, acquisition of assets, change in the state you live in, change in estate tax law, just to name a few.

A Will you did ten (10) or fifteen (15) years ago is probably outdated and not going to work for you.  Life continues on, circumstances continually change, things happen.

Whether you are a single person, married with children, have a blended family, the estate planning ideas Fabian will give you will take those situations and issues into account.

Sometimes, a Trust is a good idea for people to consider.  There are several different types of Trusts that Fabian might recommend to her clients when the circumstances dictate that it would be a good idea.  For example, a Testamentary Trust is a good idea for families with young children.  Should some unforeseen event happened to both parents, a Testamentary Trust will create a mechanism whereby the guardians of any minor children can work with the named trustee in providing for the support, care, maintenance and education for those children.

One often overlooked subject of estate planning that must be taken into consideration are ‘beneficiary clauses’.  Beneficiary clauses are found in life insurance policies, 401ks, many investment accounts, pension plans, etc.  These beneficiary clauses dictate where the funds in those account/policies will go should someone die.  Unless a person names his/her estate as the beneficiary, which is not something Fabian would normally recommend, those funds flow outside of probate.  This means a check would go from the financial institution directly to the person named on the client’s account.  Very often, most or all of a client’s assets are in accounts with beneficiary clauses.  This is something that Fabian will discuss with her clients when setting up their estate planning.

Part of Fabian’s estate planning recommendations include the creating of a Power of Attorney.  This form enables a client to have another individual act on his or her behalf should that client be unavailable, out of town or mentally incapacitated.  There are different types of POAs, including Specific Powers of Attorney, that Fabian will discuss with her clients when they come in for a consultation.  The authority given to another individual within a POA is great and the client needs to be aware of the consequences when deciding on whom to give that authority.

HOA Property Management

  • Covenant enforcement
  • Collections
  • Board Compliance
  • Declarant transitions

Christina Fabian started out her legal career working for a commercial real estate litigation firm whose clientele consisted of property management companies and large scale real estate owners/developers. She knows how the behind the scenes operations of these companies work and her role in protecting them from a liability standpoint. Very often, regulatory agencies dictate how these companies can operate with regard to the real estate they own/manage/develop. This expertise gives our clients a great advantage when formulating company policies and keeps them in good standing from a liability perspective.

Due to the fast paced growth of the metro-Atlanta area over the past 20 years, home owner association law has developed and grown exponentially, as well. Subdivisions, condo associations, townhomes and office parks have replaced the once tranquil farms and pastures of yesteryear. This real estate growth has afforded us the ability to develop clientele that make up several local home owner associations and condo associations. Very often, the Boards of these associations are volunteers that are unsure of the ramifications of the decisions they make. They look to us to guide them and create as little legal liability for their association as possible.

Home owner association law is a relatively new aspect of real estate law in Georgia. With the increase in development in the metro-Atlanta area, home owners associations are the structure under which these developments are regulated. Home owner associations, condominium associations, townhome associations, office condo associations are all branches of the same legal concept of real estate governance. There are many aspects of this branch of law that include collections, covenants, restrictions and bylaws, covenant enforcement, dues collection, lien filings, just to name a few. We pride ourselves in assisting our home owner association clients and their board members.

Home owner association management companies are now regulated under the Georgia Real Estate Commission (GREC) which has its own rules and regulations that these companies must comply with. One of which is that property management companies must be under the control of a real estate broker and must be registered with the GREC as a property management company. There are new bonding, insurance and licensing requirements that these companies must comply with. Failure of them to do so can result in problems with this regulatory body.

The Fabian Law Firm is proud of its ability to support its clients in this fairly new avenue of real estate law.

Considering the fact that Fabian has her real estate broker’s license in addition to her law license, it was a natural extension for Fabian to create a property management company in 2008.  Home Owners’ Management Enterprises, LLC (H.O.M.E., LLC) allowed Fabian to extend her expertise into the property management arena.  Several of her property owners’ association legal clients are currently utilizing the services that H.O.M.E., LLC provides on the property management front.

How Fabian became involved in the property management arena is an interesting story.  After graduating law school in 1991, Fabian got her start in the exciting world of commercial real estate litigation in New York City.  Fabian started out her legal career working for a commercial real estate litigation firm whose clientele consisted of property management companies and large scale real estate owners/developers.  Fabian knows the behind the scenes operations of how these companies work and her role in protecting them from a liability standpoint.  Many of her days were spent in administrative agency hearings dealing with the rules and regulations that were imposed upon her company by bureaucratic regulatory agencies that determine the fate of huge metropolitan centers.

From there, Fabian went ‘in-house’ with one of her commercial real estate management/development clients and learned the business from the other side of the table. Fabian saw, first hand, the inner operations of real estate development and management on a large volume scale.  This expertise gives our property owners’ association clients a great advantage when formulating company policies and keeps them in good standing from a liability perspective.

 

For more information on H.O.M.E., LLC, please visit our website www.home-llc.com.