Making Real Estate Work

Showing 3 posts from January 2021.

Apartment Owners & Property Managers: Have You Posted Your Signs Yet?

Apartment Owners & Property Managers: Have You Posted Your Signs Yet?

As part of the Florida legislature’s effort to raise awareness of human trafficking – labor and commercial sex trafficking – it passed legislation requiring “public lodging establishments” to post signage regarding human trafficking in a conspicuous location accessible to employees. While subject to some exclusions, public lodging establishments include apartment buildings along with other property types.

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Borrower and Guarantor Waivers of Defenses in Loan Documents and Lender’s Pursuit of a Deficiency

A lender that forecloses a security deed on Georgia real property, realizes at the public sale a price less than the debt, and wants to pursue the borrower for the deficiency, must go before a court in a “confirmation action.”  If the judge “confirms” the foreclosure sale by finding that the lender followed the rules and that the foreclosure brought the fair value for the property, then the lender may legally go against the borrower for the deficiency. The Georgia Supreme Court in 2016 confirmed that a lender must also confirm a foreclosure sale before pursuing a deficiency against a guarantor. PNC Bank, Nat'l Ass'n v. Smith, 298 Ga. 818, 819, 785 S.E.2d 505, 507, 2016 Ga. LEXIS 267, 2016 WL 1276376.

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Georgia Governor Institutes Post-Exposure Quarantine Requirements for Certain Businesses

Posted In Coronavirus

Coronavirus

In response to surging case numbers and crowded hospitals, Governor Kemp last week updated the requirements of the statewide Executive Order for the first time in several weeks. The update explicitly adopts a quarantine requirement for Georgians exposed to COVID-19 and imposes an obligation on certain businesses regarding such persons. The requirement does not apply to all businesses in Georgia, and it imposes different requirements on different kinds of businesses.

This Alert will describe the quarantine protocol and its general application to businesses in Georgia. We will publish additional guidance later this week regarding specific application of the quarantine protocol to children’s Camps, Live Performance Venues, and gyms and fitness centers.

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