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OAKVALE RD. ASSOCS., LTD. v. MORTGAGE RECOVERY FUNDATLANTA POOLS

No. A97A1984.

499 S.E.2d 404 (1998)

231 Ga. App. 414

OAKVALE ROAD ASSOCIATES, LTD. et al. v. MORTGAGE RECOVERY FUNDATLANTA POOLS, L.P.

Court of Appeals of Georgia.

March 20, 1998.

Attorney(s) appearing for the Case

Almand & Wiggins, Eastman, O. Hale Almand, Jr., Macon, Debra Csikos-Vandrasik, Warner Robins, for appellants.

McCalla, Raymer, Padrick, Cobb & Nichols, John G. Aldridge, Jr., Daniel D. Phelan, Atlanta, for appellee.

BEASLEY, Judge.

Mortgage Recovery Fund-Atlanta Pools, L.P. sued Oakvale Road Associates, Ltd. to recover a deficiency on a promissory note. Oakvale asserted that the suit should be barred because Mortgage Recovery previously had foreclosed on property which secured that note and a prior one without obtaining judicial confirmation of the sale. Both parties filed motions for summary judgment along with a Joint Statement of Material Facts. The court granted Mortgage...

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