George P. Tobler v. Yoder & Frey Auctioneers, Inc., Cross-Appellee, Chemical Bank, Intervenor-Appellee Cross-Appellant

R. LANIER ANDERSON, III, Circuit Judge:

The facts relevant to this appeal are set out in full in the district court’s opinion, which is reported at 462 F.Supp. 788 (S.D. Ga.1978). We can briefly state the facts necessary to an understanding of the two issues on appeal. First Bank of Savannah held a note, from George P. Tobler, which was secured by real estate owned at the times relevant to this appeal by Tobler and Henry Ford Plantation, Inc., as tenants in common. On September 3, 1976, First Bank gave Tobler, pursuant to Ga. Code Ann. § 20-506(e), 1 notice of its intent to foreclose 2 on the…