Legal Opinion
GMAC Mortgage, LLC v. Pharis
Court of Appeals of Georgia
Decided July 9, 2014No. A14A0108PublishedCited by 4 opinions
1Opinion of the Court
McFadden, Judge.
At issue in this appeal is whether a security deed has been extinguished through foreclosure. We conclude that it has not.
GMAC Mortgage, LLC appeals the grant of summary judgment to Monroe Pharis in GMAC’s action for equitable subrogation and unjust enrichment. Construed in favor of GMAC, as the party opposing summary judgment, the evidence shows that GMAC made a loan to Rhonda Hall secured by her home. Hall is Pharis’s daughter and his co-defendant below. A portion of the proceeds of the GMAC loan were used to discharge a security deed in favor of JP Morgan Chase. While the…
2Cases cited13 opinions
- Reidling v. HolcombCourt of Appeals of Georgia · 1997
- Callan Court Co. v. Citizens & Southern National BankSupreme Court of Georgia · 1937
- Davis v. JohnsonSupreme Court of Georgia · 1978
- Tuvim v. United Jewish Communities, Inc.Supreme Court of Georgia · 2009
- Bankers Trust Co. v. HardySupreme Court of Georgia · 2007
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3Cited by4 opinions
- COOK PECAN COMPANY, INC. v. McDANIELCourt of Appeals of Georgia · 2016
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- RHONDA CROSS v. WILMINGTON TRUST, NATIONAL ASSOCIATION, SOLELY AS TRUSTEE FOR MFRA TRUST 2014-2Court of Appeals of Georgia · 2021
- U.S. Bank, National Association as Trustee of the Cabana Series IV Trust v. Carrington Mortgage Services, LLCCourt of Appeals of Georgia · 2022