Dunhill Condominium Ass'n v. Gregory

Pope, Presiding Judge.

In this case, we consider the circumstances under which a secondary purchase-money mortgage is superior to a condominium association’s lien against a condominium unit for unpaid fees. Based on its interpretation of OCGA §§ 44-3T109 (a) (4) and 44-3-80 (f), the trial court ruled that a secondary purchase-money mortgage is superior to a condominium association’s lien whenever the mortgagee did not directly sell the unit to the debtor who eventually failed to make the mortgage payments or pay the condominium fees. We disagree with this interpretation and therefore reverse…