Legal Opinion

Oakvale Road Associates, Ltd. v. Mortgage Recovery Fund-Atlanta Pools, L.P.

Court of Appeals of Georgia

Decided March 20, 1998No. A97A1984PublishedCited by 7 opinions

1Opinion of the Court

Beasley, Judge.

Mortgage Recovery Fund-Atlanta Pools, L.P. sued Oakvale Road Associates, Ltd. to recover a deficiency on a promissory note. Oakvale asserted that the suit should be barred because Mortgage Recovery previously had foreclosed on property which secured that note and a prior one without obtaining judicial confirmation of the sale. Both parties filed motions for summary judgment along with a Joint Statement of Material Facts. The court granted Mortgage Recovery’s motion for summary judgment and denied Oakvale’s.

The issue is whether the debts are inextricably intertwined so that a…

2Cases cited13 opinions

  1. Vaughn & Co. v. SaulCourt of Appeals of Georgia · 1977
  2. Salter v. Bank of CommerceSupreme Court of Georgia · 1939
  3. C. K. C., Inc. v. FreeCourt of Appeals of Georgia · 1990
  4. Federal Land Bank v. Bank of LenoxSupreme Court of Georgia · 1941
  5. Devin Lamplighter, Ltd. v. American General Finance, Inc.Court of Appeals of Georgia · 1992

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3Cited by7 opinions

  1. Bank of North Georgia v. Windermere Development, Inc.Court of Appeals of Georgia · 2012
  2. Iwan Renovations, Inc. v. North Atlanta National BankCourt of Appeals of Georgia · 2009
  3. 3 West Investments, LLC v. Hamilton State BankCourt of Appeals of Georgia · 2012
  4. Holy Fellowship Church of God in Christ v. Greater Travelers Rest Baptist ChurchCourt of Appeals of Georgia · 1999
  5. 3 West Investments, LLC v. Hamilton State BankCourt of Appeals of Georgia · 2012

2 more not listed; retrieve them via the Exa API.

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