MULTIFAMILY MORTG. v. ARA ASSOCIATES

No. A99A2228.

530 S.E.2d 217 (2000)

242 Ga. App. 465

MULTIFAMILY MORTGAGE TRUST 1996-1 et al. v. ARA ASSOCIATES-SHANGRILA, LTD. et al.

Court of Appeals of Georgia.

February 22, 2000.


Attorney(s) appearing for the Case

Morris, Manning & Martin, Frank W. Deborde, Atlanta, Robert C. Threlkeld, Augusta, Beth E. Rogers, Atlanta, for appellants.

Troutman Sanders, James K. Quillian, William M. Droze, Thomas E. Reilly, Atlanta, for appellees.


JOHNSON, Chief Judge.

In this case, the borrower and guarantor of a federally insured mortgage loan entered into a forbearance agreement designed to stop foreclosure on a security deed after the borrower defaulted on the loan payments. The forbearance agreement required that the borrower make minimum monthly payments to the lender and also pay the lender any funds the borrower had in an operating account each month in excess of $42,015 after the borrower paid operating...

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