News & Analysis as of September 20, 2024

Mortgages › Security Deed

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The term "mortgage" typically refers to a mortgage loan. A mortgage loan is a financing instrument where an individual or business borrows money to purchase property (usually real property) and... more +

Need Another Reason To Avoid Mixing Family & Finances?

BCLP on 7/26/2017

You have a big heart and a little bit of money. You want to help out a cash-strapped family member, and – “because you’re family” – you don’t put down how much you’ll loan or how it’ll be paid back. ...more

Burr Alert: Dead Letter Office: The Final Repose of the Georgia Confirmation Statute?

Burr & Forman on 3/24/2016

In what might be viewed as the last nail in the coffin for Georgia’s confirmation statute, the Georgia Supreme Court’s recent opinion in PNC Bank, National Association v. Smith affirms that a lender may contract around the...more

New Georgia Law Sets Deadlines for Deeds, Relaxes Attestation Requirements

Baker Donelson on 5/15/2015

If you thought you knew the decades-old Georgia requirements for attesting a security instrument or recording a deed under power, think again. These basic rules are changing on July 1, 2015, and the changes are expected to...more

Legal Alert: Holder of Deed Need Not Be Holder of Note to Foreclose, Georgia Supreme Court Rules

Eversheds Sutherland (US) LLP on 5/24/2013

The Georgia Supreme Court held this week that the holder of a security deed need not also hold the underlying note to exercise the power of sale in accordance with the terms of the security deed. You v. JP Morgan Chase Bank,...more

Georgia's Long-Awaited Ruling Finds in Favor of Lenders

Baker Donelson on 5/22/2013

Today, the Georgia Supreme Court, in You v. JP Morgan Chase Bank, N.A. et al., S13Q0040, held that the assignee of a security deed can conduct a non-judicial foreclosure sale without holding or owning the underlying...more

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