GE Capital Mortgage Services, Inc. v. Clack

Benham, Chief Justice.

This appeal had its genesis in a tax sale of real property. In 1994, almost five months after GE Capital Mortgage Services, Inc. (“GE”) obtained title to the property involved by foreclosing on a deed to secure debt from its debtor, James Brewer, DeKalb County issued a tax fi. fa. for a 1993 tax delinquency, naming Brewer as defendant. Notice of the entry of the fi. fa., notice of levy, and final notice of the scheduling of the tax sale was sent to GE as owner, and was received. No notice was sent to Brewer. Appellee Doug Clack bought the property at the 1994 tax sale,…