Recent blog posts
In a fast-paced practice with budget-conscious clients, attorneys typically talk, make agreements and then move on. In most cases, the agreements are upheld, and the parties abide by them. For some, however, one side fails to uphold the commitment and may even dispute the terms of the agreement. The resulting dispute...
Credit unions must always be on guard against the possibility of internal fraud. A Baltimore credit union recently discovered that its CEO and her husband were embezzling money. She did so by falsifying records and issuing checks to herself under the guise of paying for bank expenses. Investigators also found irregularities...
Cybersecurity is the new frontier of fraud prevention. As more information ends up on the internet, retailers and financial institutions are learning it the hard way. The data breach of Target demonstrates that even when financial institutions are not the victim, they can still suffer losses. In 2013, over a three-week...
Recently, a federal court de­clared Georgia’s garnishment stat­ute unconstitutional leaving the short-term future of garnishments uncertain. While the decision tech­nically affects only the Clerk of Gwinnett County, other clerks in Georgia have already taken action to halt garnishments. Likewise, at­torneys and creditors have now lost the defense of complying in...
There are many benefits to owning investment property in Georgia. But, like any investment, there are also risks. Tenants can be unpredictable at best and destructive at worst. So what can property investors do when they are stuck with a troublesome tenant?  In Georgia, a landlord may evict a tenant if:...
As the title suggests, this is the beginning of a five-part discussion about contract for deeds.  In this series, I will discuss several topics relating to this contract, including the four remedies that a seller has upon borrower default and why most Georgia attorneys do not recommended this type of agreement...

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This article was first published in the November, 2013 edition of The Profit published by the Atlanta Real Estate Investor Alliance. This article is the second in a two-part discussion about contractor’s liens, specifically called mechanic’s and materialman’s liens in legal terminology. In last month’s article, I pledged to discuss two important...

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This article was first published in the September, 2013 edition of The Profit published by the Atlanta Real Estate Investor Alliance. In this article, I begin a two-part discussion about contractor’s liens.  Under Georgia law, these liens are called mechanic’s and materialmen’s liens.  I call them contractor’s liens for simplicity because these...

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This article was first published on August 1, 2013 in The Profit published by the Atlanta Real Estate Investor Alliance. I am consistently asked about liens.  Who can file a lien?  How can I file one?  What are my rights?  These are all common questions I hear from real estate brokers, contractors,...
This article was first published on May 31, 2013 in The Profit published by the Atlanta Real Estate Investor Alliance. When a tenant is in default, many landlords face a common question: whether pursuing their tenant for a money judgment is worth the extra time and expense.   All experienced landlords know...

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This article was first published on March 26, 2013 in The Profit published by the Atlanta Real Estate Investor Alliance. Last month I began this two-part article on the options and procedures that lenders may take when a borrower defaults on their real estate loan.  Understanding this process is important to...
This article was first published on March 1, 2013 in The Profit published by the Atlanta Real Estate Investor Alliance. Recently, I was asked to describe the options and procedures that lenders may take when a borrower defaults on their real estate loan.  Understanding this process is vital to real estate...
This article was first published on February 1, 2013 in The Profit published by the Atlanta Real Estate Investor Alliance. Landlords often have mixed emotions when their tenants call and offer them money after a dispossessory warrant (an eviction) has been filed.  On one hand, landlords are in the business of collecting...