Financial Institution

May 9, 2017

• Was the Cashier’s Check Wrongfully Dishonored?
• Guarantor’s Waiver of Anti-Deficiency Law Is Enforceable
• Can Borrower Assert Breach of Contract Claim

February 12, 2016

• Plaintiff in a Wrongful Foreclosure Action May Seek Damages for Mental Anguish
• Court of Appeals Rules that Applicable Statue of Limitations for Vehicle Loan is Four Years
• Federal U.S. District Court Declares Georgia’s Garnishment Law Unconstitutional

May 29, 2015

• 2015 Georgia Legislative Updates
• Georgia Court of Appeals Determines Foreclosure Confirmation Not Required for a Second Priority Lender’s Right to Recover
• Bank’s Failure to Produce Evidence of Amount Owed on Promissory Note Results in Court of Appeals Reversal

May 19, 2014

• Can Pre-Foreclosure Appraisal Establish Market
Value at Confirmation Hearing?
• Does Failure to File a Deed Under Power Within 90 Days of a Foreclosure Sale Affect a Confirmation Proceeding?
• Whether There Exist Good Faith Evidence of
Ability to Repay a Loan Constitutes a Jury Issue?

January 15, 2014

• Ability To Repay/Qualified Mortgage (ATR/QM) Rule – Effective January 10, 2014
• Georgia Department of Banking and Finance Declaratory Order Should End Dispute Over Whether Overdraft Fees Constitute Interest
• Does “D’Oench, Duhme Doctrine” Extend to Assignees of FDIC?

May 17, 2013

• Do You Have to Prove Consideration to Recover on a Note?
• Are Debit Card Overdraft Fees Considered Interest?
• Change In Law Regarding Service of Garnishments on Banks

February 4, 2013

• Can a Lender Conduct a Second Foreclosure?
• “Stripping” Junior Liens in Bankruptcy Cases
• “Cash for Keys” Programs for Tenants After Foreclosure
• Post Foreclosure Eviction – What to do With a Tenant’s Personal Property

May 24, 2012

• Increase in Residential Real Estate Exemption for Georgia Bankruptcy Filers
• Consignment Goods and Liens on Inventory

January 26, 2012

• Garnishment Answers Now Require Attorneys in Superior Court
• Foreclosure Notice Requirement

May 6, 2011

• Does Typographical Error in Guaranty Defeat Guaranty
When Modification Is Subsequently Entered
• Does an Unsigned Application of Credit Void the Enforceability of Guaranty Agreement

January 21, 2011

• Foreclosure of Residential Rental Property
• Estoppel & Increased Risk Defenses Do Not Defeat Summary Judgment For Lender.