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Car Accident Victim Loses Personal Injury Case Against City of Waynesboro

by May 23, 2011 » Add the first comment.

The Georgia Supreme Court, in DeLoach v. Elliot, S11A0469, 11 FCDR 1501 (5/27/11), issued an opinion that will make suing government entities for personal injuries more difficult.  In this case, a City of Waynesboro police officer, while on duty, drove his cruiser into the back of an automobile.  The driver Read more »

Rare Win for Debtor in Confirmation Case

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The Georgia Court of Appeals finally sided with a debtor in a foreclosure confirmation case.  Citizens Bank of Effingham v. Rocky Mountain Enter. LLC, A10A2203 (4/8/11).  At issue in this case was the statutory requirement that a lender report a foreclosure sale to a judge of the superior court of the Read more »

If You’re A Party In a Car Accident Lawsuit, Is Your Facebook Page Fair Game?

by May 19, 2011 » Add the first comment.

A court in Bucks County, Pennsylvania was faced with this question when a defense attorney moved to have an automobile collision plaintiff accept a friend request on Facebook so the defense attorney could get full access to the injured party’s private postings and pictures. This was not a minor accident, Read more »

Non-Compete Agreements: New Georgia Law Version 2.0

by May 17, 2011 » Add the first comment.

On May 11, 2011, Governor Deal executed a new law regarding restrictive convents.  O.C.G.A. § 13-8-50 et seq. The new law is good news for employers who wish to enforce non-competition, non-solicitation, and non-disclosure agreements (so called “restrictive convents”).  Previously, the law regarding non-compete clauses was so ambiguous that courts Read more »

Foreclosure Confirmations: Battle of the Appraisers

by May 9, 2011 » Add the first comment.

One of the consequences of the recent “Great Recession” has been an avalanche of mortgage foreclosures.  The Atlanta area being no exception.  In turn, this has led to a record number of foreclosure confirmation filings.  As these confirmations have been tried and appealed, we’ve watched with interest.  A clear pattern has emerged:  the Read more »

Constructive Eviction Is An Uphill Battle In Georgia


If a landlord isn’t making reasonable repairs, is a tenant entitled to terminate the lease and vacate the premises before the lease expires and without penalty?  From a tenant’s standpoint, this is known as a constructive eviction.  It is used frequently by tenants, especially commercial tenants, in an attempt to Read more »

Why You Should Always Buy Title Insurance

by March 31, 2011

A question we hear often from real estate buyers is: “Do I need to purchase an owners’ title insurance policy?”  The buyer will tell us that a title search has been done and the title looks fine. The following case is an example of why we recommend that every buyer Read more »

Tenants Can’t Contest Foreclosure Proceedings or Quality of Title In Eviction (Dispossessory) Court

by March 30, 2011

While a foreclosure vests title in the winning bidder at a foreclosure sale, it doesn’t entitle the winning bidder to immediate possession of the premises.  Rather, getting possession requires the filing an eviction, formally called a Petition for a Dispossessory Warrant in Atlanta, Georgia. Frequently, tenants in these situations will Read more »

Be Careful Before Buying a Property at Foreclosure

by March 29, 2011 » Add the first comment.

The lesson to be learned from the situation summarized below, which is a true story, is that purchasing and selling properties as part of a foreclosure are fraught with unfamiliar traps.  At Krause Golomb & Witcher, we have years of experience helping lenders foreclose properties and investors buy foreclosure properties.  Read more »



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Disclaimer: This website is intended for informational purposes only and is not intended to create an attorney-client relationship or serve as a substitute for legal counsel. If you are in need of specific legal advice, please contact an attorney immediately. Please note that communication with an attorney or staff member at Krause, Golomb & Witcher, LLC, does not by itself create an attorney- client relationship or constitute the provision or receipt of legal advice. Any communication from an attorney or staff member should be considered informational only, and should not be relied or acted upon until a formal attorney-client relationship is established via a written agreement signed by all parties. While we have achieved great results for many of our clients, we cannot guarantee the outcome of your potential case. Our firm services all of Georgia. We are authorized to to practice in all of the State Courts of Georgia, including all State Courts, Superior Courts, Georgia Court of Appeals and Georgia Supreme Court, as well as in the Federal Courts in the Northern District Court of Georgia and Bankruptcy Court for the Northern District Krause, Golomb & Witcher, LLC of Georgia, and the Eleventh Circuit Court of Appeals.