Parks v. Bank of New York

Hines, Justice.

In this appeal, the plaintiff debtor challenges, on procedural due process grounds, the constitutionality of OCGA§ 44-14-162.2, 1 which provides for mailing or delivering notice to the debtor of a sale made on foreclosure under power of sale. Finding the challenge to be without merit, we affirm the judgment in favor of the defendant security deed holder.

The following is undisputed. On October 27, 1997, Mary Parks (“Parks”) executed and delivered to TMS Mortgage, Inc. d/b/a The Money Store (“TMS”) a note in the original principal amount of $52,500. To secure the indebtedness…