Vatacs Group, Inc. v. U. S. Bank, N.A.
292 Ga. 483
| Ga. | 2013Background
- U.S. Bank, N.A. and Vatacs Group, Inc. claimed title to a Fulton County residential property and U.S. Bank filed a petition to quiet title.
- A special master found U.S. Bank had good fee title, Vatacs had no interest, and equitable subrogation would render Bank superior if Vatacs had any interest.
- The trial court adopted the master's findings and entered judgment vesting fee title in U.S. Bank.
- Vatacs appealed, challenging jury-trial entitlement and the master's findings as erroneous.
- The appellate court affirmed, holding no error in the jury-trial ruling or in the master’s conclusions, and addressing issues of forged deeds and lost-deed parol evidence.
- The record showed a forged April 2006 quitclaim from Suit to Vatacs, nullifying Vatacs' claimed interest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jury trial right in quiet title | Vatacs argues entitlement to jury. | U.S. Bank contends conventional quia timet governs; no jury. | No jury trial required; conventional quia timet governs. |
| Effect of forged quitclaim and title interests | Vatacs contends possible interest and subrogation effects. | Bank asserts Vatacs had no valid interest due to forgery; title travels via valid deeds. | Vatacs had no interest; forged quitclaim nullifies claim; Bank holds good title. |
Key Cases Cited
- Johnson v. Red Hill Assoc., 278 Ga. 334 (Ga. 2004) (no right to jury trial in conventional quia timet actions)
- Gurley v. East Atlanta Land Co., 276 Ga. 749 (Ga. 2003) (jury trial right under OCGA § 23-3-66 for quia timet against world)
- Aurora Loan Svcs. v. Veatch, 288 Ga. 808 (Ga. 2011) (forged deed is a nullity; vests no title)
- Chase Manhattan Mtg. Corp. v. Shelton, 290 Ga. 544 (Ga. 2012) (equitable subrogation addressed in context of superior title)
- Byers v. McGuire Properties, 285 Ga. 530 (Ga. 2009) (equitable subrogation principles applied to title disputes)