· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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