History
  • No items yet
midpage
Kitchings v. Ameris Bank
309 Ga. App. 837
| Ga. Ct. App. | 2011
Read the full case

Background

  • Thomas Cannon, Sr.'s will establishes a trust system to support Christine Cannon during her life, with remainder to Thomas R. Cannon, Jr., Ralph James Cannon, and Kitchings.
  • Co-trustees Christine Cannon and Thomas Cannon, Jr. transfer all trust property to Christine Cannon on January 9, 2002.
  • Christine Cannon begins selling or mortgaging trust property in May 2005; she dies August 19, 2008.
  • Under Christine Cannon's will, the bulk of the estate goes to Thomas Cannon, Jr.; Kitchings contends she and Ralph receive no interest in the remainder property.
  • Kitchings sues multiple parties, later narrowing to Ameris Bank (security deed holder) and Patch Nursery (buyer), seeking to cancel deeds.
  • Trial court grants summary judgment to both defendants on bona fide purchaser for value, laches, and prescriptive-title grounds; this appeal concerns the bona fide purchaser issue.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Patch Nursery and Ameris Bank were bona fide purchasers for value Kitchings asserts notice of mismanagement invalidates status Bank and Patch Nursery acted in good faith without notice Yes; protected as bona fide purchasers for value

Key Cases Cited

  • Gallagher v. Buckhead Community Bank, 299 Ga.App. 622 (2009) (constructive notice limits to chain of title; regular on-face deeds protect bona fide purchasers)
  • Brock v. Yale Mtg. Corp., 287 Ga. 849 (2010) (physician of bona fide purchaser status for security-deed grantees)
  • Whiten v. Murray, 267 Ga.App. 417 (2004) (notice requiring inquiry; purchaser not charged with outside-chain interests)
  • VATACS Group v. HomeSide Lending, 276 Ga.App. 386 (2005) (purchaser charged with constructive notice of recorded interests within chain)
  • Deutsche Bank Nat. Trust Co. v. JP Morgan Chase Bank, 307 Ga.App. 307 (2010) (bank as grantee of security deed protected by bona fide purchaser concept)
  • Farris v. Nationsbanc Mtg. Corp., 268 Ga. 769 (1997) (general rule: bona fide purchaser for value protected against unrecorded interests)
Read the full case

Case Details

Case Name: Kitchings v. Ameris Bank
Court Name: Court of Appeals of Georgia
Date Published: Jun 8, 2011
Citation: 309 Ga. App. 837
Docket Number: A11A0323
Court Abbreviation: Ga. Ct. App.