Legal Opinion

DARBY & ASSOCIATES, LTD. v. Federal Deposit Ins. Corp.

Court of Appeals of Georgia

Decided January 25, 1977No. 53131PublishedCited by 7 opinions

1Opinion of the Court

Deen, Presiding Judge.

1. This is an action for confirmation of a loan deed foreclosure under power, and calls first for a construction of that part of Code § 67-1503 which specifies that there shall be no action for deficiency judgment "unless the person instituting the foreclosure proceedings shall, within 30 days after such sale, report the sale” etc., the objection being that this action is proceeding illegally because the "person” instituting it is not the "person” instituting the foreclosure proceedings. It appears that the grantor gave a note for $1,055,000, secured by real estate, to…

2Cases cited5 opinions

  1. Giordano v. StubbsSupreme Court of Georgia · 1971
  2. Thompson v. MasliaCourt of Appeals of Georgia · 1972
  3. Brooks v. BastCourt of Appeals of Maryland · 1966
  4. State of Ga. v. Coca-Cola Bottling Co.Supreme Court of Georgia · 1956
  5. Markert v. Equitable Life Assurance SocietyCourt of Appeals of Georgia · 1936

3Cited by7 opinions

  1. Federal Deposit Insurance v. Ivey-Matherly Construction Co.Court of Appeals of Georgia · 1977
  2. Cartersville Developers, LLC v. Georgia Bank & TrustCourt of Appeals of Georgia · 2008
  3. Wammock v. SmithCourt of Appeals of Georgia · 1977
  4. Titshaw v. Northeast Georgia BankCourt of Appeals of Georgia · 2010
  5. Thomas v. HenryCourt of Appeals of Georgia · 1979

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