Summary
In Arrington, a homeowner sought to set aside a foreclosure sale and deed based upon improper notice of the foreclosure proceedings.
Summary of this case from Slaick v. ArnoldOpinion
S01A1375.
DECIDED: JULY 16, 2001
Title to land. Meriweather Superior Court. Before Judge Keeble.
Jerry D. Sanders, for appellant.
Wood, Odom Edge, Arthur B. Edge IV, for appellee.
Plaintiffs filed suit to set aside a foreclosure sale and deed under a power of sale on the ground that the bank failed to give proper notice prior to selling the property to defendant. The trial court ruled in favor of defendant and plaintiffs appeal.
It is incumbent upon this Court to inquire as to its own jurisdiction. Collins v. American Tel. Tel. Co., 265 Ga. 37 ( 456 S.E.2d 50) (1995). In this case, it is apparent that appellate jurisdiction lies in the Court of Appeals because plaintiffs do not dispute defendant's record ownership of the property — they simply seek to set aside the deed based on improper notice of the foreclosure proceedings. See OCGA § 44-14-162.2. Thus, this case does not come within this Court's title to land jurisdiction. SeeGraham v. Tallent, 235 Ga. 47 ( 218 S.E.2d 799) (1975).
Nor can it be said that this case invokes the equity jurisdiction of this Court. Any equitable relief which plaintiffs seek is ancillary to the legal questions of whether the bank properly notified plaintiffs of the foreclosure proceeding, whether the bank's recital of notification in the deed under power of sale protected the validity of defendant's purchase, and whether defendant qualified as a bona fide purchaser of the property. See Redfearn v. Huntcliff Homes Assn., 271 Ga. 745 ( 524 S.E.2d 464) (1999); Pittman v. Harbin Clinic Professional Assn., 263 Ga. 66 ( 428 S.E.2d 328) (1993); Beauchamp v. Knight, 261 Ga. 608 ( 409 S.E.2d 208) (1991); Fowler v. Smith, 230 Ga. App. 817 ( 498 S.E.2d 130) (1998).
Transferred to the Court of Appeals. All the Justices concur.
DECIDED JULY 16, 2001