Farris v. First Financial Bank
313 Ga. App. 460
Ga. Ct. App.
2011

Background

  • 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)
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