Doss & Associates v. First American Title Insurance
Court of Appeals of Georgia
1Opinion of the Court
Boggs, Judge.
This case arises from a $4.75 million loan from Stillwater Asset-Backed Fund, LP (“Stillwater”)1 to Cohutta Water, Inc. Steve Carroll, Cohutta’s president and CEO, guaranteed the loan and executed a security deed for seven parcels of real estate to secure it. Stillwater did not obtain a first-position lien on one of the tracts (48.2 acres) due to a prior encumbrance held by Branch Banking & Trust (“BB&T”) for a personal loan to Carroll. In 2008, Cohutta defaulted on the Still-water loan, and Carroll breached the guaranty and filed for bankruptcy. In 2009, BB&T foreclosed on the…
Also in this document: Concurrence.
2Cases cited24 opinions
- Southwest Title Insurance Co. v. Northland Building Corp.Texas Supreme Court · 1977
- Interstate Life & Accident Insurance v. WilliamsonSupreme Court of Georgia · 1964
- Bowers v. Fulton CountySupreme Court of Georgia · 1971
- Turner Broadcasting System, Inc. v. McDavidCourt of Appeals of Georgia · 2010
- Chicago Title Insurance v. Huntington National BankOhio Supreme Court · 1999
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3Cited by10 opinions
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- Doe v. Emory UniversityDistrict Court, N.D. Georgia · 2025
- First American Title Insurance Company v. KingUnited States Bankruptcy Court, N.D. Georgia · 2019
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