Mortgage lender First Magnus Financial Corp. filed for bankruptcy on Tuesday. First Magnus filed for Chapter 11 bankruptcy protection. Last week, I reported that Amtrust Mortgage and First Magnus had closed its mortgage lending business.
Last year, First Magnus funded more than $30 billion in loans.
Wednesday, August 29, 2007
Follow Up on How To Get A Copy of A Birth Certificate
After the recent entry on How To Get A Copy of Your Birth Certificate, a reader asked where you can go to get one in person. You have several options if you want to get a copy in person.
One, you can request one at the state Vital Records Office, located at 2600 Skyland Drive, NE, Atlanta, Georgia 30319. If you are going to the state Vital Records Office in Atlanta and are requesting your own or your child(ren)'s birth certificate, I suggest that you use their call ahead service. You can call 404-679-4702 to pre-order your birth certificate. Provide the operator or recording with your name and phone number, the information on the birth certificate, and when you will be by to pick up the birth certificate. You will still need all the necessary information that you needed to get one via mail, and you still must be eligible to receive a copy. Once at the office you will have to pay the fees, sign the application and provide photo ID.
You can also go to the county office where the birth took place. They have various procedures, but expect a fee and an application. It may take a some time for them to search for the birth certificate, particularly if it is an older certificate.
Please note that this post was prepared by DeCarrera Law, LLC; do not call us if you are trying to get a copy of your birth certificate. Please call the Georgia Department of Vital Records. Contact information is above. Only call us if you need legal representation on the matter.
One, you can request one at the state Vital Records Office, located at 2600 Skyland Drive, NE, Atlanta, Georgia 30319. If you are going to the state Vital Records Office in Atlanta and are requesting your own or your child(ren)'s birth certificate, I suggest that you use their call ahead service. You can call 404-679-4702 to pre-order your birth certificate. Provide the operator or recording with your name and phone number, the information on the birth certificate, and when you will be by to pick up the birth certificate. You will still need all the necessary information that you needed to get one via mail, and you still must be eligible to receive a copy. Once at the office you will have to pay the fees, sign the application and provide photo ID.
You can also go to the county office where the birth took place. They have various procedures, but expect a fee and an application. It may take a some time for them to search for the birth certificate, particularly if it is an older certificate.
Please note that this post was prepared by DeCarrera Law, LLC; do not call us if you are trying to get a copy of your birth certificate. Please call the Georgia Department of Vital Records. Contact information is above. Only call us if you need legal representation on the matter.
Pirelli to Make Tires for Mercedes
Pirelli Tire North America will manufacture tires in its Rome, Georgia, manufacturing facility for the German automaker Mercedes-Benz's Vance, Alabama, plant. Pirelli moved its headquarters in 2002 in order to focus on the new manufacturing plants in the southeast. For more, see the Rome News Tribune.
Rome Conference Center Planned
Evans Construction Company is negotiating with a major hotel chain to lease space in the proposed conference center in Rome, Floyd County, Georgia. Evans Construction has already obtained the air rights necessary to build the complex above a stadium parking area east of the State Mutual Stadium.
News coverage: Rome News Tribune
News coverage: Rome News Tribune
Athens to Follow Atlanta on McMansions
Athens-Clarke officials are indicating their intentions to follow Atlanta's lead on limiting the size of McMansions inside the Athens Perimeter. The problem is not as drastic as in Atlanta; the average size of in-fill homes has risen just over 600 square feet while nationwide it has risen about 1500 square feet in 55 years.
For more on the Atlanta ordinance, see the previous entry titled Atlanta Limits McMansions to Lot Size.
Jmac at Safe as Houses has something to say about Infill Development in Athens.
News Coverage: Athens Banner-Herald
For more on the Atlanta ordinance, see the previous entry titled Atlanta Limits McMansions to Lot Size.
Jmac at Safe as Houses has something to say about Infill Development in Athens.
News Coverage: Athens Banner-Herald
Earthlink Cutting Atlanta Jobs
Earthlink is cutting 900 jobs in its Atlanta offices as well as closing several offices in other cities in a restructuring effort. The projected costs are in the $60-70 million range, increasing Earthlink's expected net loss for the 2007 year to $79-109 million.
Recently, Earthlink has bough back 3.9 million shares, leaving $270 million of common share stock on the market.
News Coverage: Atlanta Business Chronicle, Columbus Ledger-Enquirer, and a "local newspaper."
Recently, Earthlink has bough back 3.9 million shares, leaving $270 million of common share stock on the market.
News Coverage: Atlanta Business Chronicle, Columbus Ledger-Enquirer, and a "local newspaper."
Monday, August 27, 2007
Clayton County Proposal Makes Property Owners Responsible for Tenants
A new proposal by County Commission Chairman Eldrin Bell states that property owners are responsible for what their tenants do; the proposal is the latest effort to restore and protect neighborhood values and integrity. A similar approach was used by the Atlanta Housing Authority in its efforts to clean up its projects. All lease agreements would be kept by the Clayton County Police who would tell landlords of criminal activity.
News Coverage: 11Alive and "local newspaper."
News Coverage: 11Alive and "local newspaper."
Running Back Ordered to Pay Child Support
Travis Henry, running back for the Denver Broncos, was ordered to pay $3,000 a month in child support for his three-year-old child in DeKalb County. He must also fund a $250,000 trust for his child by next spring. The trust is a very unusual step in Georgia; in fact, according to Henry's attorney, this may be the first of its kind in this state.
Henry has at least eight other children, including children in Florida, North Carolina, Tennessee, and Georgia. The "local newspaper" has more on this story.
Henry has at least eight other children, including children in Florida, North Carolina, Tennessee, and Georgia. The "local newspaper" has more on this story.
Wipro to Open Center in Atlanta
Wipro Technologies of Bangalore, India, is opening a new global software development center in metro Atlanta. By year three, Wipro expects to employ more than 500 employees. Wipro is partnering with the University System of Georgia to train and educate the expected 500 local employees. See the Atlanta Business Chronicle for more information.
Congratulations
Congratulations to the Warner Robbins Little League team for winning the Little League World Series. Job well done!
Thursday, August 23, 2007
Some of This and That...
There's a lot of news making headlines in the legal and business communities today, so here it is in a nutshell.
Alpharetta: Alpharetta, Georgia, based Cratos Capital Partners LLC is opening an office in Chicago. This is the first office Cratos will open in the Midwest; Bradley Byrd was named director to oversee business development in the Midwest. The Atlanta Business Chronicle has a short story on it.
Atlanta:
According to Jim Galloway, expect the Georgia legislature, the NRA, and the Brady Center to go at it again soon. The issue is over whether employees should have the right to keep firearms in cars parked on company premises during work hours. Expect good entertainment when the issue hits the floor. See the Political Insider.
Atlanta City Councilman C.T. Martin has proposed an amendment to city indecency ordinances. The new ordinance would target young men with saggy pants and women who show a thong under their pants, wear jogging bras in public, or show "even the wisp" of a bra strap. The "local newspaper" and Yahoo! News have the story.
The Atlanta Regional Commission is seeking control of the money raised through the proposed one cent sales tax currently under consideration by the state legislature. The proposed tax is predicted to raise $1.1 billion in the affected 10-county metro area by the year 2030. The Atlanta Business Chronicle and the "local newspaper" have the story on the ARC
Augusta:
The Augusta Commission approved a new $20 million trade, exhibit and event center for conventions and trade shows. This comes two years after the voters approved it. Once opened, it is expected to provide $1.4 million to the city in tax revenues and have about a $25 million impact on the local economy. To help fund the center, the city hotels will be charging an extra $1 hotel occupancy fee.
Former Burke County Magistrate Court deputy clerk Nicole Hammock has been charged with racketerring and stealing more than $21,000 from the county as people paid fines, fees, and court costs. The Augusta Chronicle has the full story.
Dunwoody: The Ashford Alliance Community Association inquired to DeKalb County when it saw a sign go up for a pawn shop at the intersection of Ashford Dunwoody and Johnson Ferry. They determined that the area was zoned C-1, while pawn shops have to be in C-2, in areas such as Buford Highway or Peachtree Industrial. That area is undergoing quite a bit of change as a new Bat and Ball Pub is set to go into that shopping cneter, a new Pizza Corner restaurant is set to open across the street, and a mixed-use project is replacing public housing. The Dunwoody Crier has more information.
Norcross: Advanced Disposal Services is trying to build a transfer station on Button Gwinnett Drive, their third attempt to build a transfer station in Gwinnett County. This time, OFS, a fiber-optics company, is fighting the transfer station, saying that it could sink their plans for the area's redevelopment. The Gwinnett Daily Post has the story.
Georgia:
Pecan farmers are happy thus far with the expected pecan crop, although they are worried about any big storms or hurricanes that could damage the trees or blow the fruit off the trees. The hot and dry weather has even helped them avoid many of the problems relating to disease and insects. The story is at Gainesville Times.
The Small Business Administration announced that federal disaster loans are available to small businesses and small agricultural cooperatives located in Georgia, except Chattahoochee and Muscogee counties. The SBA notice declaring most of Georgia as an economic injury disaster is available (PDF). Information about the loans and other disaster relief is available from the SBA website.
Beazer Homes USA, Inc. recently delayed its fiscal third-quarter filing because it discovered "accounting irregularities." This delay puts into issue whether that is a default under many of the bonds and other loans worth about $1.38 billion. The company filed in U.S. District Court to stop creditors from forcing the company to repay this amount under the default provisions. The Columbus Ledger and Atlanta Business Chronicle have more.
When HomeBanc laid off more than 900 workers when it declared bankruptcy, it came as a surprise to many of those workers and made them very unhappy. Now, three of them have joined in a class-action lawsuit, filed Tuesday in the U.S. Bankruptcy Court in Wilmington, Delaware, where the HomeBanc bankruptcy proceeding is taking place. The workers are claiming that the layoff violated employee rights under the Woerk Adjustment and Retraining Notification Act which requires 60 days advance written notice before conducting widespread layoffs. Workers from American Home Mortgage Investment Corp filed a similar lawsuit on August 9 when their company went into bankruptcy. More available from Columbus Ledger.
Elsewhere:
New York has passed a new law that prevents knockoff music acts from impersonating the real thing. This new law does not prevent "tribute" or "salute" bands, nor those that have at least one member of the recording group in it. See the Daily Report for more information.
Countrywide Home Loans promised to repurchase some loans it sold to investors if the homeowners got into financial difficulty. But Countrywide is in a dubious financial situation right now; Bank of America agreed to invest $2 billion into the troubled company. More available from the New York Times
In the past nine months, about 120 mortgage lenders have closed or declared bankruptcy. About 40,000 workers have lost jobs since the beginning of the year. See Yahoo! News.
Bank of America, Citigroup, JP Morgan, and Wachovia each borrowed $500 million from the Federal Reserve Bank of New York, just days after the rate and collateral standards were lowered. New York Times
Alpharetta: Alpharetta, Georgia, based Cratos Capital Partners LLC is opening an office in Chicago. This is the first office Cratos will open in the Midwest; Bradley Byrd was named director to oversee business development in the Midwest. The Atlanta Business Chronicle has a short story on it.
Atlanta:
According to Jim Galloway, expect the Georgia legislature, the NRA, and the Brady Center to go at it again soon. The issue is over whether employees should have the right to keep firearms in cars parked on company premises during work hours. Expect good entertainment when the issue hits the floor. See the Political Insider.
Atlanta City Councilman C.T. Martin has proposed an amendment to city indecency ordinances. The new ordinance would target young men with saggy pants and women who show a thong under their pants, wear jogging bras in public, or show "even the wisp" of a bra strap. The "local newspaper" and Yahoo! News have the story.
The Atlanta Regional Commission is seeking control of the money raised through the proposed one cent sales tax currently under consideration by the state legislature. The proposed tax is predicted to raise $1.1 billion in the affected 10-county metro area by the year 2030. The Atlanta Business Chronicle and the "local newspaper" have the story on the ARC
Augusta:
The Augusta Commission approved a new $20 million trade, exhibit and event center for conventions and trade shows. This comes two years after the voters approved it. Once opened, it is expected to provide $1.4 million to the city in tax revenues and have about a $25 million impact on the local economy. To help fund the center, the city hotels will be charging an extra $1 hotel occupancy fee.
Former Burke County Magistrate Court deputy clerk Nicole Hammock has been charged with racketerring and stealing more than $21,000 from the county as people paid fines, fees, and court costs. The Augusta Chronicle has the full story.
Dunwoody: The Ashford Alliance Community Association inquired to DeKalb County when it saw a sign go up for a pawn shop at the intersection of Ashford Dunwoody and Johnson Ferry. They determined that the area was zoned C-1, while pawn shops have to be in C-2, in areas such as Buford Highway or Peachtree Industrial. That area is undergoing quite a bit of change as a new Bat and Ball Pub is set to go into that shopping cneter, a new Pizza Corner restaurant is set to open across the street, and a mixed-use project is replacing public housing. The Dunwoody Crier has more information.
Norcross: Advanced Disposal Services is trying to build a transfer station on Button Gwinnett Drive, their third attempt to build a transfer station in Gwinnett County. This time, OFS, a fiber-optics company, is fighting the transfer station, saying that it could sink their plans for the area's redevelopment. The Gwinnett Daily Post has the story.
Georgia:
Pecan farmers are happy thus far with the expected pecan crop, although they are worried about any big storms or hurricanes that could damage the trees or blow the fruit off the trees. The hot and dry weather has even helped them avoid many of the problems relating to disease and insects. The story is at Gainesville Times.
The Small Business Administration announced that federal disaster loans are available to small businesses and small agricultural cooperatives located in Georgia, except Chattahoochee and Muscogee counties. The SBA notice declaring most of Georgia as an economic injury disaster is available (PDF). Information about the loans and other disaster relief is available from the SBA website.
Beazer Homes USA, Inc. recently delayed its fiscal third-quarter filing because it discovered "accounting irregularities." This delay puts into issue whether that is a default under many of the bonds and other loans worth about $1.38 billion. The company filed in U.S. District Court to stop creditors from forcing the company to repay this amount under the default provisions. The Columbus Ledger and Atlanta Business Chronicle have more.
When HomeBanc laid off more than 900 workers when it declared bankruptcy, it came as a surprise to many of those workers and made them very unhappy. Now, three of them have joined in a class-action lawsuit, filed Tuesday in the U.S. Bankruptcy Court in Wilmington, Delaware, where the HomeBanc bankruptcy proceeding is taking place. The workers are claiming that the layoff violated employee rights under the Woerk Adjustment and Retraining Notification Act which requires 60 days advance written notice before conducting widespread layoffs. Workers from American Home Mortgage Investment Corp filed a similar lawsuit on August 9 when their company went into bankruptcy. More available from Columbus Ledger.
Elsewhere:
New York has passed a new law that prevents knockoff music acts from impersonating the real thing. This new law does not prevent "tribute" or "salute" bands, nor those that have at least one member of the recording group in it. See the Daily Report for more information.
Countrywide Home Loans promised to repurchase some loans it sold to investors if the homeowners got into financial difficulty. But Countrywide is in a dubious financial situation right now; Bank of America agreed to invest $2 billion into the troubled company. More available from the New York Times
In the past nine months, about 120 mortgage lenders have closed or declared bankruptcy. About 40,000 workers have lost jobs since the beginning of the year. See Yahoo! News.
Bank of America, Citigroup, JP Morgan, and Wachovia each borrowed $500 million from the Federal Reserve Bank of New York, just days after the rate and collateral standards were lowered. New York Times
Wednesday, August 22, 2007
HomeBanc Deal with Lawyers Approved
When HomeBanc declared bankruptcy on August 9, it left about $20 million of bad checks with real estate attorneys across the state. A judge on Monday approved a deal to help attorneys that were left funding those loans.
A little background on how home buying works from the closing attorney's perspective: the buyer and seller come to the table with a deal; the buyer's lender gives the attorney a check for the buyer. The attorney deposits this check into their special escrow account and then issues a check to the buyer. State Bar rules do not allow a lawyer to bounce a check out of this escrow account. So what happens when a lender deposits a check and then it bounces a few days later? The attorney has to cover this money out of their own funds. This left many of the smaller firms mortgaging their own personal residences to prevent those checks from bouncing.
On Monday, Judge Kevin J. Carey, U.S. Bankruptcy Court, Wilmington, approved a deal where HomeBanc would turn over the mortgages that the attorneys had to fund. This means 1) that mortgage payments will now go to the attorneys that funded the mortgage; 2) the payments will not go to HomeBanc; 3) the attorneys that now hold the mortgage can sell them to other mortgage companies that are in the business of handling mortgage payments and administration.
If HomeBanc would have been able to keep the mortgages, then they would have collected the payments on a mortgage they did not fund. The attorneys that did fund the mortgages would have no way to recoup their money. Thus, the reason that the Georgia attorneys were in a near panic and threatening to sue HomeBanc for fraud and other intentional torts.
A little background on how home buying works from the closing attorney's perspective: the buyer and seller come to the table with a deal; the buyer's lender gives the attorney a check for the buyer. The attorney deposits this check into their special escrow account and then issues a check to the buyer. State Bar rules do not allow a lawyer to bounce a check out of this escrow account. So what happens when a lender deposits a check and then it bounces a few days later? The attorney has to cover this money out of their own funds. This left many of the smaller firms mortgaging their own personal residences to prevent those checks from bouncing.
On Monday, Judge Kevin J. Carey, U.S. Bankruptcy Court, Wilmington, approved a deal where HomeBanc would turn over the mortgages that the attorneys had to fund. This means 1) that mortgage payments will now go to the attorneys that funded the mortgage; 2) the payments will not go to HomeBanc; 3) the attorneys that now hold the mortgage can sell them to other mortgage companies that are in the business of handling mortgage payments and administration.
If HomeBanc would have been able to keep the mortgages, then they would have collected the payments on a mortgage they did not fund. The attorneys that did fund the mortgages would have no way to recoup their money. Thus, the reason that the Georgia attorneys were in a near panic and threatening to sue HomeBanc for fraud and other intentional torts.
Tuesday, August 21, 2007
GreenPoint to Close
Another mortage group is closing; GreenPoint Mortgage, a division of Capital One Financial Corp., is closing by the end of the year. GreenPoint Mortgage has two offices in Georgia - one in Alpharetta and one in Columbus. The company had focused on the Alt-A mortgage sector.
Update 8/22/07: The Columbus, Georgia office of GreenPoint Mortgage is not closing according to company spokeswoman Tatiana Stead. The Columbus office is a service and call center for loans that have already been made; it does not originate new loans. More from the Columbus Ledger.
Update 8/22/07: The Columbus, Georgia office of GreenPoint Mortgage is not closing according to company spokeswoman Tatiana Stead. The Columbus office is a service and call center for loans that have already been made; it does not originate new loans. More from the Columbus Ledger.
Kennesaw Lifts Ban on Guns in Public Parks
On August 10, I reported that Kennesaw was mulling changes to gun laws in public parks. On Monday, the Kennesaw City Council lifted the ban that prohibited firearms in public parks. The reversal was necessitated by a 2005 change in state law regarding firearms.
News Coverage: Marietta Daily Journal
News Coverage: Marietta Daily Journal
Atlanta Limits McMansions Based On Lot Size
To follow up on the Atlanta City Council Vote to Limit McMansions...
On Monday, the Atlanta City Council voted unanimously to limit McMansions. The new zoning regulations limit houses on smaller lots, except in two neighborhoods with particularly small lots.
On Monday, the Atlanta City Council voted unanimously to limit McMansions. The new zoning regulations limit houses on smaller lots, except in two neighborhoods with particularly small lots.
Another Lender Bites The Dust
Chalk another one up to the subprime mortgage lending tally. Sandy Springs-based Amtrust Mortgage closed its doors last week, leaving 150 Georgia employees without jobs. Former President Stephen B. Whipple blames the April merger with First Magnus for Amtrust not being able to survive this market. Current loans are not affected; however, those with loans pending approval are being directed elsewhere.
Monday, August 20, 2007
How To: Get A Copy of a Birth Certificate
It's time for another edition of "How To:" the (unfortunately) sporadic feature where we let you know how to do some of the tasks that we are often presented with. This time: How to get a copy of your Georgia birth certificate. This only applies to those that were born in this state, not in other states. You must go to the state where you were born, as the states keep the certificates. (See note at end about an exception)
Only certain people can request and receive a copy of a birth certificate: the person named, his or her parents or grandparents, his or her adult child or adult sibling, his or her spouse, or an authorized legal guardian or agent. In order to conduct the search and retrieval of the certificate, the following information is needed: full birth name of the person on the certificate, date of birth, place of birth, current age, sex, race, full name of mother and father, relationship of requestor to the person on the certificate, and the number of requested copies. The request must be signed and accompanied by 1) the appropriate fee and 2) a copy of a valid photo ID, such as a drivers license or state issued ID card.
The fees are $10.00 for search and one certified copy, $5.00 for each additional copy, and $10.00 if it is a multi-year search.
You mail your request to Vital Records, 2600 Skyland Drive, NE, Atlanta, GA 30319-3640. You can also request a copy in person at the state office or your county vital records office (where the birth occurred).
You can also request a birth certificate online at the VitalChek website. This website allows you to pay by credit card. It also contains records for many states, other than Georgia.
Please note that this post was prepared by DeCarrera Law, LLC; do not call us if you are trying to get a copy of your birth certificate. Please call the Georgia Department of Vital Records. Contact information is above. Only call us if you need legal representation on the matter.
Only certain people can request and receive a copy of a birth certificate: the person named, his or her parents or grandparents, his or her adult child or adult sibling, his or her spouse, or an authorized legal guardian or agent. In order to conduct the search and retrieval of the certificate, the following information is needed: full birth name of the person on the certificate, date of birth, place of birth, current age, sex, race, full name of mother and father, relationship of requestor to the person on the certificate, and the number of requested copies. The request must be signed and accompanied by 1) the appropriate fee and 2) a copy of a valid photo ID, such as a drivers license or state issued ID card.
The fees are $10.00 for search and one certified copy, $5.00 for each additional copy, and $10.00 if it is a multi-year search.
You mail your request to Vital Records, 2600 Skyland Drive, NE, Atlanta, GA 30319-3640. You can also request a copy in person at the state office or your county vital records office (where the birth occurred).
You can also request a birth certificate online at the VitalChek website. This website allows you to pay by credit card. It also contains records for many states, other than Georgia.
Please note that this post was prepared by DeCarrera Law, LLC; do not call us if you are trying to get a copy of your birth certificate. Please call the Georgia Department of Vital Records. Contact information is above. Only call us if you need legal representation on the matter.
Most Adults Don't Have A Will
Over half the American population does not have a valid will according to a recent article by Alan Kopit at Lawyers.com. Only one in three African Americans and one in four Hispanic Americans have a will. However, the number of Americans that have a living will or medical directive has increased in recent years, after controversies such as Terri Schiavo. One in ten of those that don't have such documents (wills or living wills) say they do not have any kind of estate plan because they do not want to think about dying or becoming incapacitated.
If you do not have an estate plan in place, the State is left to determine how it thinks you would want your assets distributed or medical decisions made. That means that your assets will be distributed to your family and you will probably be left on life support for years. If you are left on life support even without a hope for recovery, you may be draining important resources away from your family. And what happens to your kids? Your pets?
It is tough to face the possibility of one's own death. But that does not stop it from coming, sooner or later (preferably, later). The piece of mind that your loved ones will be taken care of should be enough to kick start you into getting a proper will. And if you do not want to be left on life support forever, make sure your wishes are known. If you are worried about costs, go back to the old adage, an ounce of prevention is better than a pound of cure. With a short trip to an attorney's office and a few hundred dollars for a living will, Terri Schiavo could have avoided the lengthy court battle that the two sides of her warring family endured.
It will be the best present you can give your family.
If you do not have an estate plan in place, the State is left to determine how it thinks you would want your assets distributed or medical decisions made. That means that your assets will be distributed to your family and you will probably be left on life support for years. If you are left on life support even without a hope for recovery, you may be draining important resources away from your family. And what happens to your kids? Your pets?
It is tough to face the possibility of one's own death. But that does not stop it from coming, sooner or later (preferably, later). The piece of mind that your loved ones will be taken care of should be enough to kick start you into getting a proper will. And if you do not want to be left on life support forever, make sure your wishes are known. If you are worried about costs, go back to the old adage, an ounce of prevention is better than a pound of cure. With a short trip to an attorney's office and a few hundred dollars for a living will, Terri Schiavo could have avoided the lengthy court battle that the two sides of her warring family endured.
It will be the best present you can give your family.
Police Cracking Down on "Fast and Furious" Riders
Good news for all those drivers that are annoyed and angry at the "fast and furious" motorcycles that speed by at reckless speeds and do crazy stunts. Metro-Atlanta police forces and the Georgia State Patrol started cracking down Sunday on such antics. Spokesmen said that the police are not targeting all motorcyclists, only those that are putting themselves and others in unnecessary danger by acting reckless or trying to avoid tickets by engaging in police chases or by not maintaining proper license plates.
Sunday, August 19, 2007
Bonefish Expanding Into Macon Area
Bonefish, a chain restaurant headquartered in Tampa, FL, is expanding to the Macon area. They currently have 141 locations in 30 states, including locations in Atlanta, Augusta, Savannah, and St. Simons Island. The new restaurant is expected to open in March 2008 at the Riverside exit of I-75 in a new construction development by Jim Wilson & Associates. The Macon Telegraph has the full story.
Atlanta City Council to Vote on McMansions
The Atlanta City Council is set to meet on Monday and vote on a proposal to limit "McMansions" and in-fill housing. In-fill housing is where developers buy older homes in a (usually in-town) neighborhood with the sole purpose of tearing it down and building a brand new mansion of a house. The new houses have been called "McMansions" because they often times lack the character and uniqueness of the houses and neighborhood around them.
Previously, Atlanta considered a total ban on houses in certain affected neighborhoods. That proposal was defeated in February 2006. Homeowners and developers have been working on a compromise ever since.
This latest proposal says that homeowners can build homes that are limited by the size of the lots and developers cannot haul in dirt to create a hill on which to build the house. Critics say that it unfairly restricts the property's owners rights.
News Coverage: Associated Press
Cobb County has also recently been affected by the in-fill housing trend. See the "local newspaper."
I can also report that the practice is extensive outside I-285 in the Dunwoody and Chamblee areas.
Previously, Atlanta considered a total ban on houses in certain affected neighborhoods. That proposal was defeated in February 2006. Homeowners and developers have been working on a compromise ever since.
This latest proposal says that homeowners can build homes that are limited by the size of the lots and developers cannot haul in dirt to create a hill on which to build the house. Critics say that it unfairly restricts the property's owners rights.
News Coverage: Associated Press
Cobb County has also recently been affected by the in-fill housing trend. See the "local newspaper."
I can also report that the practice is extensive outside I-285 in the Dunwoody and Chamblee areas.
Friday, August 17, 2007
Darden to buy Longhorns and Capital Grille
Darden Restaurants, owner of chains Olive Garden and Red Lobster, among others, is set to buy Rare Hospitality, owner of chains Longhorn Steakhouse and Capital Grille. The deal is rumored to be in the neighborhood of $1.19 billion. Thursday's closing price for Rare Hospitality was $27.51 with 31.1. million shares of Rare Hospitality outstanding. Darden is offering $38.51 a share. Recently, Darden closed or sold most of the Smokey Bones chain of restaurants. If approved, Darden Restaurants would add 317 restaurants to its existing 1,400 restaurants. For more information, see the Columbus Ledger Enquirer and the Macon Telegraph.
Thursday, August 16, 2007
Fifth Third Bank Expanding In Georgia
Fifth Third Bank is buying First Charter Corp in a deal worth about $1.09 billion. The deal adds $4.9 billion in assets and $3.2 billion in deposits to Fifth Third Bancorp's arsenal. Furthermore, this gives Fifth Third Bank a presence in the metro-Atlanta area. Fifth Third will have five retail locations and six ATMs in Georgia through the acquisition of First Charter and the previous acquisition of R-G Crown Bank. The Atlanta Business Chronicle has the full story.
Retired Clerk Rehired in Fulton County
Juanita Hicks was the long-term clerk of Fulton County's Superior Court. In that job, she was responsible for overseeing the running of the Clerk's Office, which maintains records of the lawsuits, orders, evidence, and other documents for the Superior Court. She retired from the elected position in February 2007. The next day, she was rehired by her successor as an aide at $55 per hour. She is still drawing her pension from Fulton County while performing the new job. In order to cover the expense of Hicks new salary, the Clerk's office is without two other employees that could be providing actual benefits to the taxpayers. Instead Mrs. Hicks is writing a history of the Clerk's office. For more on the story, see the "local newspaper."
New York Court to Hear Case on Georgia Gun Dealers
On Wednesday, Federal Court District Judge Jack Weinstein ruled that out-of-state gun dealers, including those from Georgia, were subject to the jurisdiction of New York courts because of their knowing conduct in "funneling into New York large quantities of handguns used by local criminals to terrorize significant portions of the city's population."
New York City has sued more than 25 out-of-state gun dealers and shops seeking damages, compensation, and court-ordered supervision and extra training for the dealers.
Update 8/17: News coverage is available from the Marietta Daily Journal, Creative Loafing, and the "local newspaper."
New York City has sued more than 25 out-of-state gun dealers and shops seeking damages, compensation, and court-ordered supervision and extra training for the dealers.
Update 8/17: News coverage is available from the Marietta Daily Journal, Creative Loafing, and the "local newspaper."
Wednesday, August 15, 2007
Benoit Estate A Mess
The family of Chris Benoit's wife is fighting with the family of Chris Benoit's two children from a previous marriage over who died first. The issue is who gets to inherit the sizable fortune that the wrestler and his family left behind.
Georgia Code Section 53-1-5 says that an individual who feloniously and intentionally kills another individual forfeits the right to take any interest from the decedent's estate. If Chris Benoit had not committed suicide, he could not inherit his wife's estate, whether through intestacy statutes or through her will. Since he did commit suicide, his estate is not allowed to inherit or take through her will. He is treated as having predeceased both his wife and his son.
Since Chris Benoit is deemed to have died first, the question is whether his wife, Nancy Benoit, or their son, Daniel Benoit, inherit the Benoit estate. If Nancy died first, then the estate "flows" through into Daniel and then to his heirs; Daniel's half-siblings from his father's first marriage would receive the Benoit estate. If Daniel died first, then the Benoit estate "flows" through her and goes to her parents and her family.
So who died first? The hope is that science would tell us, but even after the autopsys have been completed and the official results released, there can still be questions and disputes. Nancy's parents are disputing the first released accounts, disputing that their daughter died before her son. Nancy's parents along with Michael Benoit's father, the administrator of his estate, filed a joint motion to seek a determination of the order of deaths so that the estate can be finalized and distributed. Even after the determination is made, do not be surprised to see this case drag on as family members fight over the money.
Read the comments for more discussion on the intestacy statutes, as well as the slayer's law. A lot more detailed discussion there.
Georgia Code Section 53-1-5 says that an individual who feloniously and intentionally kills another individual forfeits the right to take any interest from the decedent's estate. If Chris Benoit had not committed suicide, he could not inherit his wife's estate, whether through intestacy statutes or through her will. Since he did commit suicide, his estate is not allowed to inherit or take through her will. He is treated as having predeceased both his wife and his son.
Since Chris Benoit is deemed to have died first, the question is whether his wife, Nancy Benoit, or their son, Daniel Benoit, inherit the Benoit estate. If Nancy died first, then the estate "flows" through into Daniel and then to his heirs; Daniel's half-siblings from his father's first marriage would receive the Benoit estate. If Daniel died first, then the Benoit estate "flows" through her and goes to her parents and her family.
So who died first? The hope is that science would tell us, but even after the autopsys have been completed and the official results released, there can still be questions and disputes. Nancy's parents are disputing the first released accounts, disputing that their daughter died before her son. Nancy's parents along with Michael Benoit's father, the administrator of his estate, filed a joint motion to seek a determination of the order of deaths so that the estate can be finalized and distributed. Even after the determination is made, do not be surprised to see this case drag on as family members fight over the money.
Read the comments for more discussion on the intestacy statutes, as well as the slayer's law. A lot more detailed discussion there.
Tuesday, August 14, 2007
Forsyth County Jumping On The Housing Bandwagon
Forsyth is the latest metro-Atlanta county to consider modifying existing occupancy ordiances to limit the number of residents based on square footage. The draft ordinance limits occupancy to 400 square footage for one person and an additional 150 square feet for each additional person.
Second Marriages and Estate Planning
In a recently published article from SmartMoney, heirs worry when their parents re-marry. Why? Their inheritances are at-risk, of course. This is just a reminder that pre-nuptials are not only for the young, wealthy, and working. Pre-nuptial agreements are a necessity any time you are getting married, and a complete estate plan is a necessity any time you have a major change in your life. Those major changes include, but are not limited to:
In Georgia, there have been some recent changes to the way pre-nuptial agreements are enforced. Before you sign one, make sure to talk with an attorney about your agreement.
Although mentioned in the above article, it is worth repeating: be aware that there are specific rules regarding house certain types of assets are transferred through the probate process. This includes 401(k)s and titled assets such as homes. Before you change the status quo, talk with an attorney that is familiar with the probate rules regarding the specific assets.
- First marriages
- First divorces
- Having or adopting a child
- Major accumulation of wealth (example: inheritance from your parents or winning the lottery)
- Subsequent marriages and divorces
In Georgia, there have been some recent changes to the way pre-nuptial agreements are enforced. Before you sign one, make sure to talk with an attorney about your agreement.
Although mentioned in the above article, it is worth repeating: be aware that there are specific rules regarding house certain types of assets are transferred through the probate process. This includes 401(k)s and titled assets such as homes. Before you change the status quo, talk with an attorney that is familiar with the probate rules regarding the specific assets.
Cobb County Backing Off
Cobb County is now backing down from earlier proposals to ban or severely limit day laborers. (See Daily Report and Marietta Daily Journal for current coverage; past coverage includes Cobb County Limits Adults in Households and Cobb County Reconsiders Day Laborer Ordinance) Cobb County spokesman Robert Quigley says that the county will wait to see how future legal decisions may conflict with any future ordinances as well as federal immigration law.
Friday, August 10, 2007
New Feature: Need to Know
DeCarrera Law, LLC is announcing a new feature on its website, DeCarreraLaw.com, called "Need to Know." This new feature contains brief synopsis of issues important to both businesses and individuals.
The first in the series are:
Annual Corporate Registrations
Important Corporate Deadlines
Registered Agents
For more on the new features, go to Need to Know.
Update 8/15: There are now two more Need to Know topics available:
What Individuals Need to Know About Jury Duty
What Corporations Need to Know About Jury Duty
The first in the series are:
Annual Corporate Registrations
Important Corporate Deadlines
Registered Agents
For more on the new features, go to Need to Know.
Update 8/15: There are now two more Need to Know topics available:
What Individuals Need to Know About Jury Duty
What Corporations Need to Know About Jury Duty
Kennesaw Mulling Change to Gun Ordinances
Kennesaw is reconsidering a ban on the city ordinance prohibiting guns in public parks. The action was prompted by a letter sent by Georgiacarry.org, the same organization pursuing a case against Coweta County which has a similar ordinance. Gwinnett, Forsyth, and Lee counties have already repealed their similar ordinances.
News coverage: Marietta Daily Journal
News coverage: Marietta Daily Journal
Cobb County Reconsiders Day Laborer Ordinance
In July, the Cobb County Commission tabled a vote that would prohibit day laborers from seeking work by standing in public areas or parking lots. (See: Cobb County Limits Adults in Households)
Now, the Cobb County Commission is reviewing a proposed ordinance that would penalize those that hire day laborers, instead of the day laborers themselves. The proposed ordinance would prohibit picking up day laborers on four-lane roads within 150 feet of a traffic signal. Penalties include a citation and up to a $1,000 fine for repeat offenders.
News coverage: Marietta Daily Journal
Now, the Cobb County Commission is reviewing a proposed ordinance that would penalize those that hire day laborers, instead of the day laborers themselves. The proposed ordinance would prohibit picking up day laborers on four-lane roads within 150 feet of a traffic signal. Penalties include a citation and up to a $1,000 fine for repeat offenders.
News coverage: Marietta Daily Journal
Legislators Looking Into Small Businesses
Early talk from the State Capitol sounds like legislators will spend some time trying to help small businesses.
"It's kind of culminated to a point where we've got lots of small businesses going out of business. I think for much too long, we've been focused on getting big, new companies" to locate in Georgia, said Representative Ron Stephens of Garden City.
News coverage is available from the Augusta Chronicle
In related news, the Athens-Clarke Economic Development Foundation received a $25,000 state grant that will be used with another $25,000 added to the budget by the Athens-Clarke Commission to hire a new staff member dedicated to small-business interests. The Athens Banner-Herald has the full story.
"It's kind of culminated to a point where we've got lots of small businesses going out of business. I think for much too long, we've been focused on getting big, new companies" to locate in Georgia, said Representative Ron Stephens of Garden City.
News coverage is available from the Augusta Chronicle
In related news, the Athens-Clarke Economic Development Foundation received a $25,000 state grant that will be used with another $25,000 added to the budget by the Athens-Clarke Commission to hire a new staff member dedicated to small-business interests. The Athens Banner-Herald has the full story.
Wednesday, August 8, 2007
Death Certificates Subject to Open Records Act
According to the Georgia Attorney General Thurbert E Baker, the Georgia Open Records Act and the federal Health Insurance Portability and Accountability Act (HIPAA) does not prevent the release of information contained on death certificates. This includes the cause of death, medical conditions leading to a person's death, and information relating to surgical proceedings conducted on the deceased.
Death certificates, along with birth certificates, marriage records, divorce records, and the putative father registry, are maintained by the Georgia Department of Human Resources, Division of Public Health.
See the full opinion from the Attorney General's office here.
Death certificates, along with birth certificates, marriage records, divorce records, and the putative father registry, are maintained by the Georgia Department of Human Resources, Division of Public Health.
See the full opinion from the Attorney General's office here.
Small Business Insurance Plan from Gov. Perdue
Governor Sonny Perdue released a plan to help small businesses offer insurance coverage for employees. The plan is being called the Health Insurance Partnership for Georgia and is similar, although less ambitious, than plans implemented in Massachusetts and being considered in California. To be eligible, employees with a family of four must earn less than $62,000 a year and work for a company with fifty or fewer employees. Until funding issues are worked out, the state does not know how much premiums would cost. Republicans are worried about the insurance plan becoming an entitlement program. The Columbus Ledger, Gwinnett Daily Post, and the "local newspaper" have the story.
Legal News from Around the State...
Albany: Citizens expressed their concern over a proposed Downtown Riverfront District; they are worried that the district will be an "entertainment district" that would allow businesses to avoid several local ordinances, primarily one limiting the proximity of bars. The Albany Herald has the story.
Atlanta:
HomeBanc Corp., the hard-hit Atlanta based mortgage lender, announced Tuesday that it is closing its mortgage loan business and selling some assets to Countrywide Financial Corp. Homebanc will continue to service existing loans although it will not accept any new loans. Existing applications will be reviewed by Countrywide. The "local newspaper" has the story.
Metro Atlanta commuters will see more ramp meters to control the flow of traffic on entrance ramps, beginning today. Starting with this afternoon's commute, GA-400 northbound entrance ramps at Northridge, Holcomb Bridge, Mansell, Haynes Bridges, and Old Milton Parkway.
Rebekah Worsham has filed suit against Aaron Rents in Fulton County State Court, seeking $250,000 in damages relating to a bed bug infestation from furniture rented from the retail giant.
Columbus: In the ongoing struggle over water from the Chattahoochee River, the Columbis City Council gave the go-ahead for a lawsuit against the U.S. Army Corps of Engineers in order to guarantee that the city receives adequate supplies of water. The Water Wars already include lawsuits from the states of Georgia, Alabama, and Florida against the Corps of Engineers. For news coverage on the latest lawsuit, see the Columbus Ledger.
Dunwoody: The housing slump is affecting Dunwoody; a development that was to be residential condos looks like it may be going towards office condos instead. The Dunwoody Crier has the story.
Lawrenceville: Following the lead of Cobb County, Gwinnett County Commissioners are looking to toughen housing ordinances to prevent home overcrowding. See the Gwinnett Daily Post for the full story. See Cobb County Limits Adults in Household for more information on the Cobb County ordinance.
Macon: The Macon-Bibb County Urban Development Authority approved a bond resolution to help finance a convention center hotel adjacent to the Wilson Convention Center and Macon Coliseum. More information is available from the Macon Telegraph.
Savannah: Chris Rock is not the father of a 13-year-old boy whose mother claimed he was in a paternity test in Bulloch County (Savannah, Georgia). The Daily Report has the story.
Atlanta:
HomeBanc Corp., the hard-hit Atlanta based mortgage lender, announced Tuesday that it is closing its mortgage loan business and selling some assets to Countrywide Financial Corp. Homebanc will continue to service existing loans although it will not accept any new loans. Existing applications will be reviewed by Countrywide. The "local newspaper" has the story.
Metro Atlanta commuters will see more ramp meters to control the flow of traffic on entrance ramps, beginning today. Starting with this afternoon's commute, GA-400 northbound entrance ramps at Northridge, Holcomb Bridge, Mansell, Haynes Bridges, and Old Milton Parkway.
Rebekah Worsham has filed suit against Aaron Rents in Fulton County State Court, seeking $250,000 in damages relating to a bed bug infestation from furniture rented from the retail giant.
Columbus: In the ongoing struggle over water from the Chattahoochee River, the Columbis City Council gave the go-ahead for a lawsuit against the U.S. Army Corps of Engineers in order to guarantee that the city receives adequate supplies of water. The Water Wars already include lawsuits from the states of Georgia, Alabama, and Florida against the Corps of Engineers. For news coverage on the latest lawsuit, see the Columbus Ledger.
Dunwoody: The housing slump is affecting Dunwoody; a development that was to be residential condos looks like it may be going towards office condos instead. The Dunwoody Crier has the story.
Lawrenceville: Following the lead of Cobb County, Gwinnett County Commissioners are looking to toughen housing ordinances to prevent home overcrowding. See the Gwinnett Daily Post for the full story. See Cobb County Limits Adults in Household for more information on the Cobb County ordinance.
Macon: The Macon-Bibb County Urban Development Authority approved a bond resolution to help finance a convention center hotel adjacent to the Wilson Convention Center and Macon Coliseum. More information is available from the Macon Telegraph.
Savannah: Chris Rock is not the father of a 13-year-old boy whose mother claimed he was in a paternity test in Bulloch County (Savannah, Georgia). The Daily Report has the story.
Sunday, August 5, 2007
Congress Bill to Amend Federal Arbitration Act
Georgia Congressional Representative Hank Johnson and Wisconsin Senator Russ Feingold have introduced identical bills, known as The Arbitration Fairness Act, in the House and Senate that would amend the Federal Arbitration Act. If passed, the Act would say that mandatory arbitration clauses in employment, consumer or franchise contracts would not be enforceable if they are entered into before an actual dispute arises. The law, if passed, would also apply to disputes under civil rights statutes and transactions between parties of unequal bargaining power, but would not apply to collective bargaining agreements or business-to-business contracts. News coverage: Baltimore Sun, The Consumerist, Capital Times (Wisconsin)
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