By Scott Riddle Posted in Consumer Bankruptcy Guide,Georgia State Cases,Miscellaneous CasesDid the Georgia Supreme Court effectively repeal the foreclosure confirmation statute by affirming the rights of lenders to include waivers in their standard loan documents for both borrowers and guarantors? That appears to be the case. In PNC Bank, NA v. Smith, No. S15Q1445, 2016 WL 690406 (GA 2016) (download .pdf), the U.S. District Court… Continue Reading
By Scott Riddle Posted in Northern District CasesIn Mele v. Bank of America, et al., Adv. Proc. No. 12-5031, 486 B.R. 546, 2013 Bankr. LEXIS 455 (Bankr. N.D. Ga. January 8, 2013)(J. Ellis-Monro) (click here for .pdf copy of opinion), the issue before the Court was whether certain communications sent by the home lender after the Debtor’s Chapter 7 was discharged violate… Continue Reading
By Posted in Georgia State Cases,Miscellaneous Cases,News and CommentsIn a case of first impression, the Georgia Court of Appeals has held that a foreclosure notice must identify both the secured lender and the "individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor." Reese v. Provident Funding Associates, LLP, 2012 Ga. App. LEXIS… Continue Reading
By Posted in News and CommentsFrom the Atlanta Journal Constitution – A record number of metro Atlanta properties are scheduled to be auctioned on the courthouse steps next month, according to numbers released Tuesday by Equity Depot, an Alpharetta company that tallies foreclosures. … In the 13-county metro area, 7,335 properties are scheduled for courthouse auctions, Equity Depot said. The… Continue Reading
By Posted in News and CommentsBy: Scott B. Riddle, Esq. According to an article by Carrie Teegardin on today’s Atlanta Journal Constitution, Georgia led the nation in bankruptcy filings for the first three quarters of 2006. The State was also second, behind Tennessee, in number of filings per 1,000 residents. During this erratic period for bankruptcy filings, Georgia jumped to… Continue Reading
By Posted in Middle District CasesBy: Scott B. Riddle, Esq. In re Howard, 351 B.R. 251, Adv. No. 05-5160, 2006 Bankr. LEXIS 2319 (Bankr. M.D. Ga. September 21, 2006)(Hershner). Prior to the filing of the debtor’s Bankruptcy petition, a foreclosure sale was conducted on debtor’s residence. The purchaser was the high bidder, and arranged to meet the lender’s attorney at… Continue Reading
