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Grady Otto Morton Jr.

Grady Morton’s Answers

7 total

  • I want to rent out my condo. However, my HOA board was saying the community had reached its cap.

    People were telling me I can setup a LLC and saying the tenant is the member of the LLC. So, is it legal to do so?

    Grady’s Answer

    I agree with Mr. Lipschutz. I will add that I was involved in a case where some of the owners were doing just what you are talking about, and the condo association chose not to press the issue. I had another case where the owner, whom I represented, quitclaimed a 1% ownership interest in the property to the tenant (who then became a co-owner), and I drafted an operating agreement under which the tenant paid my client a monthly fee for having sole use of my client's 99% interest. Both of these methods carry risks, and therefore neither should be undertaken without competent legal representation. One of the risks is that the association might consider these methods as sham transactions whose sole purpose is to avoid the leasing restrictions. If the association took that position, it could continue to fine and take all the other punitive actions, just as if you were leasing without approval. At that point, you would have to decide whether or not to litigate the issue. And that is where the association's power normally gives it a decided advantage: associations are fully able--and some are more than willing--to spend their members' money to fight these battles in court, whereas most owners either do not have, or do not wish, to spend that kind of money on lawyers. I am not aware of any case in Georgia, or in any other jurisdiction, where these methods to avoid leasing restrictions have been tested in litigation.

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  • Can I claim my friends children on my taxes?

    I have supported my friends children all year long, they have lived with me the enitre year and were completely depend upon me. I paid for the housing, food, clothes, school supplies, etc. My friends, the children's parents were in a tough spot so...

    Grady’s Answer

    Yes.

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  • Do I have a case

    I recently quit my job in Afghanistan as a contractor for lockheed martin. I was food poisoned 3 times. I had no choice but to go to a foreign hospital on base when there was a military hospital on base as well. Lockheed Martin never informed me o...

    Grady’s Answer

    You might speak with an attorney on this, but if you came to see me I would not take the case. I think there is a causation problem that will be difficult to overcome. In other words, Lockheed Martin did not directly cause you to get food poisoning. It is questionable how they exacerbated the problem. It sounds to me like one of those things that happens, and there is no recourse.

    By the way, I just returned from Afghanistan in December--Kandahar mostly. Lovely place.

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  • If there is a 10% late fee charge in the lease,is that charge 10% of the whole rent being late or 10% of the portion left over?

    Is the tenant only responsible to pay late fee on the portion that is late if I accept a partial payment?

    Grady’s Answer

    Read the lease, but it is normally ten percent of that month's payment.

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  • Filed chapter 13 i haved viewed my credit report some creditors have added some collections want to file chapter 7

    and have these collections removed with a chapter 7

    Grady’s Answer

    You need to speak with an attorney about this. You should have listed all your creditors on your Chapter 13 petition. But the short answer is, you can convert your Chapter 13 to a Chapter 7 by filing a motion with the Court. Under the current law, you have an opportunity for one voluntary conversion.

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  • Defendant presents me as litigious character

    Defendant presents me as litigious character because I have 3 more lawsuits pending. Defendant had 5 closed cases. Is this fact going to play any role in decision making if I have strong evidence and defendant does not – only verbal statements wit...

    Grady’s Answer

    I agree with the previous responses: the previous cases should be inadmissible if you object to them as being irrelevant. There are exceptions, but this is the general rule.

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  • Can summary judgment be granted without opposing evidence?

    If someone files a motion for summary judgment to fulfill verbal agreement to repay the debt and I testify that I repaid but have no evidence, can court rule is favor of the plaintiff?

    Grady’s Answer

    You should file a response to the Motion for Summary Judgment and attach an affidavit stating that the debt was repaid. That, alone, should create a genuine issue of material fact which should not be resolved by the judge on summary judgment. If you are in small claims court, the judge will also be the trier of fact. Bottom line, your affidavit disputing the other party's assertions in a case like this should be enough to get you past summary judgment. At trial, if it is your word against the other party's, then it will be up to the jury to decide whom to believe.

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