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Who Can Conduct Foreclosure Sales In Ga.?

Law360, New York (January 22, 2013, 1:55 PM EST) -- Georgia's highest court is considering two related issues concerning the authority and identity of parties involved in nonjudical foreclosure sales. The issues stem from a federal court case pending in the Northern District of Georgia, where the court certified questions of Georgia law regarding: (1) whether the holder of the security deed has authority to exercise the power of sale in the security deed when the holder of the security deed is not the holder of the note, and (2) whether the secured creditor must be identified as such in the notice of sale provided to the borrower. The Georgia Supreme Court heard oral arguments on the certified questions on Jan. 7, 2013....

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