313 Ga. App. 460
Ga. Ct. App.2011Background
- Harold J. Farris sued First Financial Bank and Campbell, Martin & Manley, LLP for wrongful foreclosure of property obtained from his divorce decree.
- Defendants held a security deed on the Sylvan Road property originally owned by Pauline Farris and her prior husband.
- The loan originated with FNMA and was later held by First Financial Bank, successor to FNMA.
- Defendants sent multiple certified-default and acceleration notices to Pauline Farris at the property and her home addresses.
- Farris, not yet owner or debtor under the deed at relevant times, challenged the adequacy of notices.
- The trial court granted summary judgment for defendants; on appeal, the issue is whether notice complied with the security deed and OCGA 44-14-162.2.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether notice under the security deed was properly given. | Farris argues lack of notice to him. | Defendants complied with notice to Pauline Farris and the property address. | Yes; compliance shown under the security deed. |
| Whether OCGA 44-14-162.2 notice to the debtor was proper. | Farris, as eventual owner, should have received notice as debtor. | At the relevant times, Farris was not the debtor/owner; notice to Pauline sufficed. | Yes; notice was properly given to Pauline at the addressed locations; Farris not entitled to notice at that time. |
Key Cases Cited
- Matjoulis v. Integon Gen. Ins. Corp., 226 Ga. App. 459 (1997) (notice and summary judgment standards cited)
- Thompson v. City of Fitzgerald, 248 Ga. App. 725 (2001) (summary judgment and standard of review)
- Giordano v. Stubbs, 228 Ga. 75 (1971) (statutory interpretation; general rule on notices)
- Dominic v. Eurocar Classics, 310 Ga. App. 825 (2011) (contractual standing and party identification; OCGA references)
- Ray v. Atkins, 205 Ga. App. 85 (1992) (notice and foreclosure proceedings prerequisites)
- Zeller v. Home Federal Sav. & Loan Ass’n of Atlanta, 220 Ga. App. 843 (1996) (notice to debtor and related statutory framework)
- Jones v. Bd. of Regents of the Univ. Sys. of Ga., 262 Ga. App. 75 (2003) (summary judgment affirmation on any proper grounds)