Person is not on original note or deed. Property quitclaimed to tenant 30 days before foreclosure in June'11. No foreclosure deed has been recorded. The eviction was appealed to Superior Court awaiting calendar call in June.
Just based on the information you posted, there is no way to tell if you have a case or not. As a tenant, you would not necessarily have any right to an advance notice of the sale. You might have gotten notice if the quit claim deed had been recorded before notice went out to the person on the note and security deed, but if the quit claim was only done 30 days before the foreclosure, any required notices probably had gone out by that time. You might have some rights as a tenant to remain in the property for the term of your lease, but having gotten a deed to an interest in the property before the sale may have ended those rights. If you are on appeal to the Superior Court, you should have an attorney involved on your behalf. Talk to your attorney about any claims you might have.
This answer is for general purposes only, and it does not create an attorney-client relationship.
Due to the quitclaim being filed that close, the lender can probably get away with not giving notice. However, the fact that the foreclosure deed has not been filed may be an indication that there was a problem with notice to begin with. You should have an attorney handling the case who can advise you on some remedies you could possibly seek now that the case is in Superior rather than Magistrate Court. These remedies must be specifically plead for, which will require some expertise. Also, any written lease you have is still binding, which may not give you the right to set aside the foreclosure, but could buy your more time in the property.
The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP [email protected] 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation
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