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· 11/13/1992

Gutherie v. Ford Equipment Leasing Co.

Citations

  • 424 S.E.2d 889
  • 206 Ga. App. 258
  • 92 Fulton County D. Rep. 2890
  • 1992 Ga. App. LEXIS 1609

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that the appraiser’s discount of over 50 percent based on a “quick sale value” was excessive and did not constitute a true market value
  • remanding case for consideration of resale after holding that creditor failed to prove property sold for true market value
  • adopting IRS estate tax definition of “fair market value” in foreclosure confirmation
  • “OCGA § 44-14-161 (b) must be read to require proof of true market value under the usual market conditions for sales of such property”
  • trial court did not abuse its discretion in finding good cause for resale where creditor proved that it obtained an appraisal, albeit a “fatally flawed” one, before the sale and sold the property for an amount equal to that appraisal
  • trial court did not abuse its discretion in finding good cause for resale where creditor proved that it obtained an appraisal, albeit a “fatally flawed” one, before the sale and sold the property for an amount equal to that appraisal

Source: CourtListener parenthetical corpus (CC0).

Judges: Sognier, McMurray, Cooper

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.