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SHAW v. COOK COUNTY FEDERAL &c. ASSN.

52198.

139 Ga. App. 419 (1976)

228 S.E.2d 326

SHAW v. COOK COUNTY FEDERAL SAVINGS & LOAN ASSOCIATION.

Court of Appeals of Georgia.

Decided July 8, 1976.

Rehearing Denied July 26, 1976.

Attorney(s) appearing for the Case

Bennett & Wisenbaker, Reginald C. Wisenbaker, for appellant.

Griffis & Thomas, Virgil Griffis, Edward Parrish, Whitehurst, Cohen & Blackburn, A. J. Whitehurst, for appellee.

STOLZ, Judge.

In 1967, plaintiff Shaw applied to Cook County Federal Savings & Loan Association (CCF) for a $12,000 loan to pay off outstanding liens against her home. As a savings and loan association, CCF is authorized to make only loans creating first liens against real estate so mortgaged. Pursuant to its standard procedure, CCF had an attorney run a preliminary title check on Mrs. Shaw's home. Upon finding an outstanding lien in favor of

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