KENEMER v. FIRST NATIONAL BANK OF ATLANTA

A93A1033.

210 Ga. App. 389 (1993)

436 S.E.2d 96

KENEMER v. FIRST NATIONAL BANK OF ATLANTA.

Court of Appeals of Georgia.

Decided September 24, 1993.


Attorney(s) appearing for the Case

Avrett & Withrock, R. Mike Withrock, for appellant.

McCamy, Phillips, Tuggle, Rollins & Fordham, C. Lee Daniel III, for appellee.


McMURRAY, Presiding Judge.

Is a creditor entitled to recover attorney fees pursuant to OCGA § 13-1-11 if its attorney collects the debt via a foreclosure proceeding? This is the sole question presented for decision in this case.

Kenemer was indebted to the First National Bank of Atlanta ("the bank") pursuant to a promissory note and deed to secure debt. The note and security deed provided that the bank was entitled to 15 percent attorney fees in the event...

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