The Attorney Blog at Dunlap Gardiner, LLP

Tuesday, May 9, 2017

SB 46 Signing

Yesterday I watched as Governor Deal signed SB 46. This is a bill I drafted with the help of Brian Strickland. This statute sets up a process for abandoned Homeowners Associations to take control of abandoned common areas and to establish elections where the original Declarant failed to do so. I have worked on this for several years and I am proud it finally got done. It wouldn't have happened without Representative Strickland's hard work.

If your Association has been abandoned or you are unsure of ownership of common areas, contact Dunlap Gardiner LLP today. We are the leaders in this field.

The information contained on this website and/or blog does not constitute legal advice. Each situation is different and you should not act based on the information contained on this website and/or blog. No attorney/client relationship shall be created as a result of viewing this website and/or blog, commenting on the blog, or otherwise interacting with this site. You should not post any personal information or specifics about any case or legal problem you might have on the comments section of the blog as this could be detrimental to your case. If you have a specific legal problem that you need assistance with, you should call our office to set up an appointment. The information on this site is intended as general information only and if you rely on this information you do so at your own risk. No attorney/client relationship shall exist between Dunlap Gardiner LLP and any person or entity absent a written retainer agreement that is signed by all parties. If you have an immediate legal emergency you should call our office so that we may speak with you immediately. Call 770-489-5122

Wednesday, February 18, 2015

Auto Deficiencies

Our firm represents finance companies and auto dealerships. Often, we’ll file suit to attempt to recover a loss that our client may have incurred on a loan. There are numerous areas that companies get “tripped up on” when attempting to recover an unpaid balance on an auto financing contract. First, if a customer’s vehicle is repossessed, the company is required to notify this customer of certain rights the customer has in regards to the vehicle. A letter notifying the customer of these rights must be mailed to the customer within ten days of the company recovering the vehicle. There are several pieces of information that the letter must contain, such as the customer’s right to pay the loan off to get the vehicle back, the customer’s right to have the car sold at a public auction, and letting the customer know that he or she may have to pay any balance that is left owing after the vehicle is re-sold. An area that is sometimes litigated is whether the company mailed this letter to the correct address. The relevant statute requires the letter to be mailed to the address on the contract or the address provided by the customer. A suggestion we make for all of our clients is to take thorough notes on a customer’s account, and if a customer does provide a new mailing address, make sure that this is notated on the account.

If you are a finance company or car dealership that is interested in attempting to recover losses that have been incurred on financing contracts, give us a call and we’ll be happy to discuss this with you.

The information contained on this website and/or blog does not constitute legal advice. Each situation is different and you should not act based on the information contained on this website and/or blog. No attorney/client relationship shall be created as a result of viewing this website and/or blog, commenting on the blog, or otherwise interacting with this site. You should not post any personal information or specifics about any case or legal problem you might have on the comments section of the blog as this could be detrimental to your case. If you have a specific legal problem that you need assistance with, you should call our office to set up an appointment. The information on this site is intended as general information only and if you rely on this information you do so at your own risk. No attorney/client relationship shall exist between Dunlap Gardiner LLP and any person or entity absent a written retainer agreement that is signed by all parties. If a legal issue you would like to discuss please call. 770-489-5122

Tuesday, January 27, 2015

COLLECTING ON UNPAID HOA ASSESSMENTS UNDER CHAPTER 13 BANKRUPTCY

A large part of our practice is the representation of homeowner’s associations. If you’re involved with your HOA, you know the importance of the homeowners in the community paying their assessments. Without the homeowners making these payments, the HOA is unable to provide amenities, care for common areas, or make needed improvements.

If a homeowner doesn’t pay, our firm will work with associations to collect these unpaid assessments. Often, this non-paying homeowner is having other financial problems, and may be forced to file for bankruptcy protection. If this happens, what should the HOA do?

When a homeowner files for bankruptcy protection, many HOA’s consider the debt uncollectable, and won’t pursue the homeowner any further. But, the HOA may still be entitled to the payment of the assessments. If a homeowner files Chapter 7, their personal liability may eventually be extinguished, but the HOA’s lien will survive the bankruptcy in most instances. This means that, if the homeowner attempts to sell or refinance the property in the future, the HOA may be able to recover the unpaid assessments.

If a homeowner files a “reorganization” bankruptcy, or a Chapter 13, the HOA will often be able to recover all of the unpaid assessments. The law requires that “secured” creditors, in most instances, be paid in full through the debtor’s reorganization plan. Almost all HOAs have a provision in their Declaration of Covenants that provides for an automatic “continuing lien” to attach to the property if assessments are not paid. This means that, as soon as a homeowner fails to pay assessments, the HOA has a “secured” claim. But, the HOA must take some affirmative action before the claim will be paid. Sometimes, all that will be required is for the HOA’s attorney to file a proof of claim with the court. Sometimes, the HOA’s attorney may have to file other pleadings in order to ensure that the debt will be paid.

If your HOA has any questions regarding bankruptcy, or for that matter, a question regarding the entire legal process of collecting assessments, give us a call.

Friday, January 16, 2015

Disclosure of Vehicle with Rebuilt Title

Disclosure of a Vehicle with a Rebuilt Title Status

Our firm represented a car dealership that was sued for allegedly selling a vehicle with a rebuilt title without disclosing this fact to the buyer. After a three day trial, the jury determined that our client was not liable, and a full defense verdict was entered. Although our client won, dealers should be reminded about disclosures when selling a vehicle. Although there is currently no Georgia statute requiring dealers to disclose to a potential buyer that a vehicle has a rebuilt title, fully disclosing this and any information about the vehicle’s history is always a good idea. If a potential buyer does request whether the vehicle has a rebuilt title, the dealer should always disclose that information. Requiring the potential buyer to sign documentation that fully discloses the history of the vehicle, in addition to an oral disclosure, can help prevent future problems or potential litigation for you or your company. If you have any questions about the laws governing the sale of your vehicles, feel free to contact us about potentially representing your company.

Thursday, January 8, 2015

Another Defense Verdict in Our Client's Favor!

Today Wes Dunlap secured a defense verdict in favor of our client in Cobb State Court. Wes successfully defended our client on all counts filed against them. We represented a local car dealer that was alleged to have violated the Fair Business Practice Act and was alleged to have committed fraud in selling a used vehicle. The Jury agreed with us that our client did not violate any laws and rendered a verdict completely in our favor.

The information contained on this website and/or blog does not constitute legal advice. Each situation is different and you should not act based on the information contained on this website and/or blog. No attorney/client relationship shall be created as a result of viewing this website and/or blog, commenting on the blog, or otherwise interacting with this site. You should not post any personal information or specifics about any case or legal problem you might have on the comments section of the blog as this could be detrimental to your case. If you have a specific legal problem that you need assistance with, you should call our office to set up an appointment. The information on this site is intended as general information only and if you rely on this information you do so at your own risk. No attorney/client relationship shall exist between Dunlap Gardiner LLP and any person or entity absent a written retainer agreement that is signed by all parties. If you have an immediate legal emergency you should call our office so that we may speak with you immediately. Call 770-489-5122

Thursday, May 24, 2012

Major Covenant Violation

I hope the HOA has a good attorney to pursue this person that drove into the pool (joke):

http://www.ajc.com/news/cobb/car-runs-into-swimming-1445499.html

The information contained on this website and/or blog does not constitute legal advice. Each situation is different and you should not act based on the information contained on this website and/or blog. No attorney/client relationship shall be created as a result of viewing this website and/or blog, commenting on the blog, or otherwise interacting with this site. You should not post any personal information or specifics about any case or legal problem you might have on the comments section of the blog as this could be detrimental to your case. If you have a specific legal problem that you need assistance with, you should call our office to set up an appointment. The information on this site is intended as general information only and if you rely on this information you do so at your own risk. No attorney/client relationship shall exist between Dunlap Gardiner LLP and any person or entity absent a written retainer agreement that is signed by all parties. If you have an immediate legal emergency you should call our office so that we may speak with you immediately. Call 770-489-5122

Tuesday, February 28, 2012

State of Georgia Legislature Attempts to Destroy Contract Rights

SB 448 has just been passed by the State Senate. This bill, called the "Small Business Borrower Protection Act" destroys contractual rights. It claims to protect guarantors. It does so by eliminating their obligations, which they voluntarily agreed to, in order to get a loan from a creditor.

I believe the government consistently infringes on constitutional rights. The most important of those, in my view, is the right to contract. Free people should be able to contract with one another to the full extent possible. This bill strips creditors of rights that were negotiated for, and planned for, in the creation of countless contracts.

In essence, this bill will make guarantors on contracts completely worthless. While some who couch themselves as consumer advocates might laud this Act it misses the point and will have serious unintended consequences.

1. This bill encourages people to ignore promises and obligations. I believe this to be the major philosophical problem with our country and this type of bill is merely a symptom of that philosophical bent. In essences, people who believe in this believe that a promise is something easily retracted, bent or broken. In my view, a promise is a promise and you should keep it. Simple. Any bill that allows people to have a moral out in the form of law is wrong and should be discouraged.

2. This will result in restricted credit to those with poor credit histories, and/or short credit histories. If a new student is seeking a car loan a typical solution to the student lacking credit is a parent or other adult cosigning with the student. The premise is simple, the creditor has another avenue to pursue if the unknown new borrower defaults. If this bill is passed, credit will be restricted to new borrowers as creditors will not be able to take the risk on making loans to these individuals. The same is true of people attempting to rebuild credit.

3. This bill will result in poorer interest rates and terms for those with good credit histories. Creditors make decisions based upon portfolios and overall returns. If a creditor knows that in order to make x profit he will have a reduced pool of people to collect from, he will have to increase the interest rates on the borrowers he does have. That is exactly what will happen.

Urge your representative to vote against this bill.