Thompson O'Brien Kemp & Nasuti, P.C.

Foreclosure Notice Requirement Changes, effective July 1, 2012

admin@swg — Fri, 04 May 2012 14:20:52 +0000

On May 2, 2012, the Governor signed into law a bill amending the provisions of O.C.G.A. 44-14-162.3, requiring that a 30-day notice of foreclosure, including a copy of the advertisement, be provided in writing to all debtors, regardless of whether the loan was of a residential or a commercial nature. Previously notice was required only on residential loans, where the deed was secured by “property, all or part of which is to be used as a dwelling place.”

The bill will take effect July 1, 2012 and will apply to all foreclosures conducted after that date (including July 2012 sales).

Georgia Senate Approves HB 110

admin@swg — Mon, 19 Mar 2012 13:56:25 +0000

The Georgia Senate approved HB 110 on March 13, 2012 in an attempt to standardize vacant and foreclosed property registries across the State of Georgia. New code section O.C.G.A. § 44-14-14 provides for the enactment of vacant and foreclosed real property registries across the state, and sets forth the required elements of a form for such registrations. The new law also provides for exemptions from registration, provides for a $100 maximum fee for registration and a $1000 maximum penalty for failure to register, as well as appellate rights related to county and city foreclosure registries.

The full text of the bill can be found here: http://www1.legis.ga.gov/legis/2011_12/pdf/hb110.pdf.

City of Atlanta passes ordinance requiring registration of vacant property

admin@swg — Thu, 15 Dec 2011 21:09:16 +0000

On December 5, 2011, the Atlanta City Council voted 14-0 to approve an ordinance requiring owners of vacant property to register with the City’s Office of Code Enforcement. The ordinance applies to commercial and residential structures in which occupancy has ceased for more than 30 days.

Owners of such properties must, within 30 days of acquiring ownership, pay an annual registration fee of $100, file a registration statement with the Office of Code Enforcement that includes the name and contact information for each owner as well as an agent authorized by the owner or owners to receive notices of code violations, and post a sign affixed to the vacant structure containing this information.

The new ordinance takes effect on February 1, 2012. Exemptions may apply to seasonally vacant homes and residential rental properties.

Owners of existing non-exempt property must file a registration statement by April 1, 2012.

Corrie Elder Completes SBA 504 Loan Closing Course

admin@swg — Thu, 10 Nov 2011 20:35:02 +0000

Corrie Elder recently completed the SBA 504 Loan Closing course, an intensive three-day training course in Atlanta as a prerequisite to participation in the SBA’s Designated 504 Closing Counsel/Priority CDC program for expedited closings.

The firm is pleased to continue to offer assistance to clients in documenting and closing SBA 504 loans, performing eligibility reviews, and providing guidance on regulatory and procedural changes to the SBA 504 program.

Thompson O’Brien is an Affiliate Member of the National Association of Development Companies (NADCO).

Aaron M. Kappler and Erin R. Moore obtain a six-figure jury verdict

admin@swg — Mon, 22 Nov 2010 14:43:07 +0000

Aaron M. Kappler and Erin R. Moore successfully represented a corporation against a former officer in a jury trial in the Forsyth County Superior Court.

The corporation asserted that the former officer had breached the fiduciary duties that he owed to the corporation and converted and misappropriated corporate assets. The former officer claimed that he did not owe the corporation any fiduciary duty and denied that he misappropriated the assets. The six person jury found in favor of the corporation and awarded a six-figure verdict for compensatory damages.

Partner Ted W. Hight III successfully defends top Fortune 500 company

admin@swg — Mon, 05 Apr 2010 14:42:12 +0000

Partner Ted W. Hight III successfully defended one of the world’s largest commercial financing companies against a $120 million counterclaim asserted in the Superior Court of Sumter County, Georgia.

Partner Bret T. Thrasher selected to the 25th class of Leadership Gwinnett for 2009

admin@swg — Wed, 17 Jun 2009 14:39:15 +0000

Partner Bret T. Thrasher was one of 36 out of nearly 800 applicants selected to the 25th class of Leadership Gwinnett for 2009.

Leadership Gwinnett is a nine month program providing a diverse group of existing and emerging leaders a unique opportunity to experience many of the challenges facing Gwinnett.

J. Patrick O’Brien Successful Appeal

admin@swg — Thu, 23 Apr 2009 14:37:56 +0000

Partner J. Patrick O’Brien and Associate Aaron M. Kappler successfully appealed and reversed a trial court’s order denying their client’s motion for summary judgment: Associated Credit Union v. Pinto, Georgia Court of Appeals, No. A09A0126 (April 23, 2009).

Kevin S. Kovalchik named a Rising Star by Atlanta Magazine

admin@swg — Mon, 23 Feb 2009 14:37:17 +0000

Associate Kevin S. Kovalchik was named a Rising Star by Atlanta Magazine (Atlanta Magazine, Super Lawyers 2009).