General Motors Acceptance Corp. v. State

Thompson, Justice.

In Gen. Motors Acceptance Corp. v. State of Ga., 268 Ga. App. 473 (602 SE2d 235) (2004), a majority of the Court of Appeals held that General Motors Acceptance Corporation (GMAC) was not an innocent interest holder in a Chevrolet Silverado truck in which it held a *329security interest, and that, therefore, GMAC’s interest in the vehicle was subject to forfeiture by the State under OCGA § 16-13-49 (e) (1) (A).1 Because we conclude that the Court of Appeals erroneously applied an improper legal standard in reaching that determination, we reverse.

James Childrey purchased a 2002…