On July 19, 2005, Elmore conveyed the Erie Circle property by quit claim deed to Home Inventions, LLC ("Home Inventions"). under "David Elmore and Sunrise Properties, Inc." rather than "Elmore, David" and "Sunrise Properties, Inc." Elmore filed the writ of fieri facias ("fi.fa.") in DeKalb County on July 14, 2005, but the clerk of court mis-indexed the lien. On April 21, 2005, Hayes obtained a default judgment against Elmore and Sunrise Properties, Inc. This security deed was recorded on October 4, 2004. A security deed recorded in the DeKalb County Superior Court reveals that Elmore purchased the property with a loan from Resource Bank in the amount of $145,350. The record reveals that on September 24, 2004, Rochelle Sabir conveyed to David Elmore, by general warranty deed, the property located at 1052 Erie Circle, Stone Mountain, Georgia, 30087. "To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. The trial court granted the motion for summary judgment ruling that EMC's security deed was superior to Hayes's judgment lien. EMC moved to be substituted as the defendant/plaintiff-in-counterclaim, and also for summary judgment. Wells Fargo Bank, NA, predecessor in interest to EMC Mortgage Corporation (EMC), counterclaimed seeking a declaration that, under the doctrine of equitable subrogation, it held the first priority lien against the property. and Colin Rhys Patrick Delaney, Atlanta, for Appellee.Ĭlarence Hayes, Jr., filed a complaint to foreclose on a judgment lien against certain property. Smith, Gambrell & Russell, Edward Davison Burch Jr.
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