The Georgia Supreme Court rendered a long-anticipated decision on May 20 related to foreclosure procedure in Georgia. The case arose as a result of a recent split of authority in Georgia as to whether a party seeking to exercise the power of sale provision in a security deed must also hold or have a beneficial interest in the underlying promissory note underlying the security deed. Borrowers had been making an argument commonly referred to as “produce the Note”, in which they argued that unless a holder of a security deed also held the underlying promissory note, they could not lawfully exercise the right to non-judicially foreclose on the property subject to the security deed. Continue reading
Monthly Archives: July 2019
Establishment of Georgia Business Court
House Bill 239
A BILL to be entitled an Act to amend Title 15 of the O.C.G.A., relating to courts, so as to establish the Georgia Business Court pursuant to the Constitution of this state; to provide for law assistants and other employees; to amend Code Section 45-7-4 of the O.C.G.A., relating to here general provisions regarding salaries and fees, so as to designate a salary for the judge of the Georgia Business Court; to amend Title 5 of the O.C.G.A., relating to appeal and error, so as to make conforming changes regarding appeals; to amend Chapter 4 of Title 9, Title 23, and Code Section 33-39-21 of the O.C.G.A., relating to declaratory judgments, equity, and equitable relief relative to insurance, respectively, so as to make conforming changes regarding equity; to provide for related matters; to repeal conflicting laws; and for other purposes.
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Tenant Protection Law: Effective July 2019
House Bill 346
A bill to be entitled an Act to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant generally, so as to prohibit retaliation by a landlord against a tenant for taking certain actions; to provide for circumstances that are not considered retaliation here; to provide for remedies; to provide for related matters; to repeal conflicting laws; and for other purposes.