Kevin M. Veler's Answers

Georgia homestead exemption

To qualify for a Georgia residential homestead exemption, you must own and occupy the property as your legal residence as of January 1 of the applicable tax year. You must apply between January 1 and June 1 to your county tax official to receive the exemption. Changes in the records of the tax officials may impact previously filed homestead exemptions. If you have had an exemption for prior years and have done nothing to change or modify title or the liens on the property there is no need to...

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Mortgage Servicer has trouble producing the original title. What are my options? File for quiet title? (Georgia)

Okay, let's say you are going to start a quiet title action. You don't know who the mortgage holder is to name as a defendant and to have served, so my first thought would be that has to be addressed by a court order to allow notice by publication with notice to the servicer but you are likely to have to show that all other options have been exhausted to the satisfaction of the court. In simple terms, it sounds like you have a nightmare to address and should discuss this with legal counsel...

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Converting a Corporation to an LLC?

If it is a Georgia corporation you may convert it to a LLC without creating a new entity. What you outlined above is NOT a conversion, it is a transfer from one entity to another. In a conversion, the entity is the same but changes form--it is the same fictional entity but in a different form. This may still have some tax consequences but generally not those triggered by a "sale" of assets. It may also require titled assets to be retitled (vehicles, land) but not in all circumstances. If...

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Foreclosure on Investment Properties/Deficiency Judgment

You do not say where the property is located. Assuming it is Georgia, Georgia is a non-judicial foreclosure state and the lender may foreclose and then seek a deficiency on the remaining balance. Technically, the lender does not even have to foreclose, it can seek judgment on the note. Assuming also that you own the property in your individual name and do not hold title in a corporation, there are situations where you may be able to negotiate a short sale, a deed-in-lieu transaction or other...

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If an ower of a corporation is sued on a personal level will they also be able to go after the corporation?

If you have legal counsel that is representing you in the lawsuit, this is a matter your should discuss with counsel. Assuming you do not, as a general matter, if you lose the personal lawsuit, then the judgment creditor can seek to collect its judgment against all of your personal assets, which would including your ownership interest in the corporation. The judgment creditor through a series of steps may be able to get to the new checking account for the corporation assuming that they have...

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DO I NEED I LAWYER AT A CLOSEING TO BUY MY HOUSE AND WHY

As with many situations, the answer is "it depends." No you are not legally required to have an attorney to represent you as buyer or a seller. But please do not stop reading yet. The decision to have or not have an attorney at closing can have serious impact. Generally however most closings are conducted by an attorney who represents the lender and it is a requirement that an attorney be used to issue title to the lender, to assure the proper preparation of documents and to assure...

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Sold used car that failed emissions test, buyer seeks refund what are seller's rights in GA

As you noted in your post, the georgia cleanairforce website clearly states that even if a used vehicle is sold "as is" that the seller is responsible for the vehicle passing the VIR if the buyer registers the car in a county requiring inspection. I am assuming you did not have a prior passing VIR as your county does not require. If the car cannot be returned in the same condition, that may also impact remedies. You should talk to the people as the cleanairforce first and if needed, consult...

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Auto-Owners Insurance denied tornado damage to my home based on defective workmanship, faulty installation,

First, let me say that I am sorry to hear about your home. Second, I agree that not all insurance companies are faceless monsters and mistakes can be made. Some are better to deal with than others. Lastly as you noted, the framing did not cause the damage but it may take a review of the policy, the inspection, the denial letter and your contractors scope of work to really determine all of the relevant factors. You definitely want to preserve your rights and follow all notice and appeal...

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Facebook (complaints)

As a general concept it is acceptable to post legitimate truthful comments about the business services provided by a company and to file complaints assuming you are not subject to a confidentiality agreement or order of some sort. [Although you did not suggest anything but a legitimate customer complaint, let me mention, that a personal attack or invading the privacy of an individual associated with a business may escalate risks.] That does not mean that you are immune from legal action....

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How to remove a contractirs lien in GA that has expired?

I am assuming that the lienholder/contractor filed the lien and failed to bring legal action within the appropriate time period. The law changed in 2009. If it was filed under the revised lien law (after 3.31.2009), under OCGA 44-14-367, then the lien should have on the front of the lien a statement about its expiration in 395 days if a notice of commencement was not filed. The lender who did a title check (I am guessing) should have the title company who did the check confirm that a notice...

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