Legal Opinion

You v. JP Morgan Chase Bank, N.A.

Supreme Court of Georgia

Decided May 20, 2013No. S13Q0040PublishedCited by 50 opinions

1Opinion of the Court

Hunstein, Chief Justice.

This case is before us on three questions certified to this Court by the United States District Court for the Northern District of Georgia1 regarding the operation of this State’s law governing non-judicial foreclosure. After careful analysis, we conclude that current law does not require a party seeking to exercise a power of sale in a deed to secure debt to hold, in addition to the deed, the promissory note evidencing the underlying debt. We also conclude that the plain language of our statute governing notice to the debtor, OCGA § 44-14-162.2, requires only that the…

2Cases cited16 opinions

  1. Hollowell v. JoveSupreme Court of Georgia · 1981
  2. Botts v. Southeastern Pipe-Line Co.Supreme Court of Georgia · 1940
  3. Shumate v. McLendonSupreme Court of Georgia · 1904
  4. Allen v. WrightSupreme Court of Georgia · 2007
  5. Montgomery v. Bank of AmericaCourt of Appeals of Georgia · 2013

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3Cited by50 opinions

  1. Deal v. ColemanSupreme Court of Georgia · 2013
  2. Babalola v. HSBC Bank, USA, N.A.Court of Appeals of Georgia · 2013
  3. Joan Haynes v. McCalla Raymer, LLCCourt of Appeals for the Eleventh Circuit · 2015
  4. Ames v. Jp Morgan Chase Bank, N.A.Supreme Court of Georgia · 2016
  5. SPARRA v. DEUTSCHE BANK NATIONAL TRUST COMPANY Et Al.Court of Appeals of Georgia · 2016

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