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MCCOLLUM v. POPE et al.
FIRST AMERICAN BANK OF GEORGIA, N.A. v. POPE et al.
S91A1632.
S91A1633.
WELTNER, Presiding Justice.
Sale under power. Cobb Superior Court. Before Judge White.
Upon the default by the grantor of a security deed, the grantee initiated a sale under power contained in the deed. It is undisputed that the grantee mailed a notification of the sale under power correctly addressed to the grantor in accordance with OCGA 44-14-162.2. 1 Under these circumstances, the actual receipt (or want of receipt) by the grantor of the notice of sale under power is immaterial to the right of the grantee to sale under power.
The judgment of the trial court to the contrary must be reversed.
Jerome C. Ware, for appellees.
Notes
1  (a) Notice of the initiation of proceedings to exercise a power of sale in a mortgage. security deed, or other lien contract shall be given to the debtor by the secured creditor no later than 15 days before the date of the proposed foreclosure. Such notice shall be in writing and shall be sent by registered or certified mail, return
Schwall & Ruff, Emory A. Schwall, Frederick B. Whittington III, Donald L. Mize, for appellants.
DECIDED JANUARY 17, 1992 -- RECONSIDERATION DENIED FEBRUARY 5, 1992.
Thursday May 21 08:35 EDT


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