Mason v. Bates

Marshall, Presiding Justice.

The question for decision in this case is whether advances made by the assignee of a junior security deed to the holder of a senior security deed, in order to protect the assignee’s secured position, are secured by the junior security deed.

In this case, Bobby Gene Mason owned certain real estate in DeKalb County. Kislak Corporation held a first security deed on the property, and C & S DeKalb Bank held a second security deed. Kislak declared Mason to be in default and began foreclosing on the property by exercising a power of sale contained in its security deed. C &…