Shell v. Tidewater Finance Co.

I agree that, under the facts as presented in the minimal record before us, the trial court erred in granting summary judgment. But I write to point out that the result here is limited to these facts and has no general application.

In the past, we have held that an issue of fact as to notice was created when the borrower presented evidence that a new address was designated, but the lender mailed the notice to the former address. Brack Rowe Chevrolet v. Walls, 201 Ga.App. 822, 825 (2) (412 SE2d 603) (1991); Kight v. Ford Motor Credit Co., 313 Ga. App. 261, 262 (721 SE2d 204) (2011). This case…