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Garner v. US Bank Nat'l Ass'n
Publication Date: 2014-10-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys:
For plaintiff: C. Samuel Rael, Atlanta, for appellant.
For defendant: Joshua Tropper Baker Donelson Bearman Caldwell & Berkowitz PC, Atlanta, Steven Flynn, and Jimmy Howell McCalla Raymer LLC, Roswell, for appellees.
Case number: A14A1277

The trial court erred in conducting a hearing on the defendants' motion to dismiss and in converting the motion to dismiss into a motion for summary judgment by considering evidence outside the ple

August 19, 2014 |

On the Move: Real Estate Lawyer Chairs State Development Agency

Simon Bloom has become the chairman of the board of the Georgia Department of Community Affairs. Bloom, a partner in Bloom Sugarman Everett, called the agency the state's "unsung heroes of economic development" and said he'd like to raise its profile.
5 minute read
August 15, 2014 |

The Churn: Bingham Tax Duo Departs, Plus More Lateral Moves

Two more Bingham McCutchen partners depart in Washington, D.C., Jones Day loses two in the Midwest, Simpson Thacher & Bartlett hires in New York and other notable moves from throughout The Am Law 200.
6 minute read
Central Mortg. Co. v. Humphrey
Publication Date: 2014-07-31
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, Sara L.
Attorneys:
For plaintiff: Kent Altom McCalla Raymer LLC, James Blum, Valerie Smith Beloin, Brown, Blum LLC, Atlanta, Kimberly Wright, and Jimmy Howell McCalla Raymer LLC, Roswell, for appellant.
For defendant: James McGinnis, Lawrenceville, and Steven Webster, Norcross, for appellees. Other party representation: Jimmy Dollar Jr., Norcross, Wachovia Bank NA, Jacksonville, Fla., and Benjamin Fryer, Charlotte, N. C.
Case number: A14A0346

The trial court did not err in denying the plaintiff's petition to reform the property description in a deed, as the evidence supported a finding that the defendants failed to reach a meeting of th

In re: Mortgage Electronic Registration Systems, Inc.
Publication Date: 2014-06-12
Practice Area:
Industry:
Court: 9th Cir.
Judge: James A. Teilborg, Senior District Judge, Presiding Before: A. Wallace Tashima, William A. Fletcher, and Jacqueline H. Nguyen, Circuit Judges.
Attorneys:
For plaintiff: Robert Hager and Treva Hearne (argued), Hager & Hearne, Reno, Nevada; William A. Nebeker, Valerie R. Edwards (argued), and Lisa Irene Streu, Koeller Nebeker Carlson & Haluck, LLP, Phoenix, Arizona; and Sheryl Serreze, Reno Law Group, LLC, Reno, Nevada, for Plaintiffs-Appellants.
For defendant: Andrew Martin Jacobs, Snell & Wilmer, LLP, Tucson, Arizona; Andrew R. Louis, Buckley Sandler, LLP, Washington, D.C.; Cynthia Lynn Alexander and Kelly Harrison Dove, Snell & Wilmer, LLP, Las Vegas, Nevada;
Case number: No. 11-17615

Cite as 14 C.D.O.S. 6439 IN RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., JONATHAN E. ROBINSON; SALLY J. ROBINSO

You v. JP Morgan Chase Bank NA
Publication Date: 2013-05-23
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys:
For plaintiff: David C. Ates, Atlanta, for appellant.
For defendant: . Amicus Appellant: Charles R. Bliss, Karen E. Brown, John R. Bartholomew IV Atlanta Legal Aid Society Inc., and David A. Webster, Atlanta. Shanon J. McGinnis, Joseph D. Wargo, Michael Wolak III, Julie C. Jared, Amy L. Hanna Wargo & French LLP, Atlanta, Sarah B. Akins, Megan U. Manly, and Paul W. Painter Jr. Ellis Painter Ratterree & Adams LLP, Savannah, for appellees. Amicus Appellee: Monica K. Gilroy and Tania T. Trumble Dickenson Gilroy LLC, Alpharetta.
Case number: S13Q0040

In considering three certified questions regarding the operation of Georgia's law governing non-judicial foreclosure, the Supreme Court held that the holder of a deed to secure debt does not have to

Montgomery v. Bank of Am.
Publication Date: 2013-04-11
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ray, William M.
Attorneys:
For plaintiff: Douglas Daum, Snellville, for appellant.
For defendant: Brooke Voelzke Hunton & Williams, Jimmy Howell, and Steven Flynn McCalla Raymer LLC, Atlanta, for appellees.
Case number: A12A0514

The security deed in this case expressly conveyed title to the interests in the security deed to the nominee of the original mortgagee, gave the nominee the right to invoke the power of sale, and au

Reese v. Provident Funding Assocs. LLP
Publication Date: 2012-07-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys:
For plaintiff: David C. Ates, Atlanta, for appellant.
For defendant: . Sarah B. Akins Ellis, Painter, Ratterree & Adams LLP, Savannah, for appellee.
Case number: A12A0619

A foreclosure was invalid because the notice failed to properly identify the secured creditor pursuant to O.C.G.A. § 44-14-

Bush v. Bank of New York Mellon
Publication Date: 2011-12-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackwell, Keith R.
Attorneys:
For plaintiff: Louise T. Hornsby, Atlanta, for appellants. Jimmy T. Howell Jr. and Steven J. Flynn McCalla Raymer LLC, Atlanta, for appellees.
For defendant:
Case number: A11A1394

The Court vacated the judgments below and remanded the case, directing the trial court to require the plaintiffs to provide a more definite statement of their claims before passing on the defendants

Cook v. NC Two LP
Publication Date: 2011-12-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys:
For plaintiff: Thomas H. Rogers Jr. and Patrick H. Garrard Blasingame, Burch, Garrard & Bryant, Athens, for appellant. Beth E. Rogers Rogers Law Offices, Atlanta, Wesley B. Snipes Athens First Bank & Trust, Athens, and Kimberly A. Wright McCalla Raymer LLC, Roswell, for appellee.
For defendant:
Case number: A10A0661

O.C.G.A. § 18-4-64 a plainly and unambiguously requires notice to the judgment debtor within three business days when the creditor decides against serving the judgment debtor pursuant to the Civil P

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