Legal Opinion

Sanders v. Amsouth Mortgage Co. (In Re Sanders)

United States Bankruptcy Court, S.D. Georgia

Decided June 15, 1989No. 14-20087PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

LAMAR W. DAVIS, Jr., Chief Judge.

Plaintiffs, Chapter 13 Debtors, seek to set aside the foreclosure sale conducted by Amsouth Mortgage company, Inc., under power of sale. The parties stipulate the relevant underlying facts including:

1) On August 9, 1977 a promissory note in the principal amount of $17,550.00 and a deed to secure debt were executed which conveyed the real property and improvements located at 1208 Hiawatha Lane, Aus-tell, Georgia, to Amsouth Mortgage Company, Inc. (“Amsouth”). The original promissory note was subsequently assigned to James D. Sanders.

2) James…

2Cases cited12 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. In the Matter of Benny L. ROACH and Edith Roach, AppellantsCourt of Appeals for the Third Circuit · 1987
  3. Federal Deposit Insurance Corporation v. Larry P. Dye, A/K/A Lukey P. Dye, Federal Deposit Insurance Corporation v. Jerry B. DyeCourt of Appeals for the Fifth Circuit · 1981
  4. McKinney v. South Boston Savings BankCourt of Appeals of Georgia · 1980
  5. Federal Land Bank v. Bank of LenoxSupreme Court of Georgia · 1941

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3Cited by6 opinions

  1. Tampa Investment Group, Inc. v. Branch Banking & Trust Co.Supreme Court of Georgia · 2012
  2. Legget v. Morgan (In Re Morgan)United States Bankruptcy Court, M.D. Georgia · 1990
  3. Legacy Communities Group, Inc. v. Branch Banking & Trust Co.Court of Appeals of Georgia · 2011
  4. Ferrell v. Southern Financial, Inc. (In Re Ferrell)United States Bankruptcy Court, W.D. Tennessee · 1994
  5. Williams v. Suntrust Bank (In Re Williams)United States Bankruptcy Court, M.D. Georgia · 2008

1 more not listed; retrieve them via the Exa API.

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