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DOCO Credit Union f/k/a DOCO Regional Federal Credit Unionv.Chambers et al.

CourtCourt of Appeals of Georgia
Docket No.A13A2465
DecidedFebruary 10, 2015
Reporter330 Ga. App. 633; 768 S.E.2d 808
JudgesCourt of Appeals of Georgia, Fourth Division; Presiding Judge Doyle and Judges Miller and Dillard
Tags
CivilCivil ProcedureProperty LawProperty TitleReversalRemand
Case Summary

DOCO Credit Union filed a quiet-title action to establish its title to properties it bought at foreclosure after lending more than $1.5 million to a family business. The Chambers defendants argued that their earlier Dougherty County lawsuit—seeking damages for alleged wrongful foreclosure and related torts—abated DOCO’s later action. The Court of Appeals of Georgia held that the suits involved distinct causes and that the quiet-title proceeding was an appropriate statutory vehicle to establish title to land in the county where the property was located. The earlier case sought money damages for allegedly wrongful conduct, while DOCO sought a conclusive determination of present title; the Chambers defendants had not sought to set aside the foreclosures. The court also held that the Quiet Title Act required the trial court to appoint a special master to investigate title and report findings. It reversed dismissal of the quiet-title action and remanded with direction to appoint a special master, without reaching the remaining claims of error.

Opinion

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