Roylston v. Bank of America, N.A.

How courts have described this case

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

• concluding the evidence showed that the lender had actual knowledge of the debtor's ownership interest and was therefor required to give him statutory notice
• noting the “well-settled” principle that notice to an attorney is notice to the client employing him when such notice comes to the attorney regarding the subject matter of his employment
• “In cases involving OCGA § 9-15-14 (a) or (b), the trial court must limit the fees award to those fees incurred because of the sanctionable conduct. Lump sum attorney fees awards are not permitted in Georgia.”
• “In cases involving OCGA § 9-15-14 (a) or (b), the trial court must limit the fees award to those fees incurred because of the sanctionable conduct. Lump sum attorney fees awards are not permitted in Georgia.”
• in actions involving both meritorious and frivolous claims, trial court must limit award to fees incurred as a result of the sanctionable conduct so as to “exclude from any sanctions award those fees and expenses unrelated to defending against the claims deemed frivolous”
• “[w]here a foreclosing creditor fails to comply with the statutory duty to provide notice of sale to the debtor in accordance with OCGA § 44-14-162 et seq., the debtor may either seek to set aside the foreclosure or sue for damages for the tort of wrongful foreclosure”

Source: CourtListener parenthetical corpus (CC0).