Brown v. Georgia State Bank

• Decision Date: 11 March 1977
• Docket Number: No. 3,No. 53507,53507,3
• Citation: 141 Ga.App. 570,234 S.E.2d 151
• Parties: F. N. BROWN v. GEORGIA STATE BANK
• Court: Georgia Court of Appeals

Page 151

234 S.E.2d 151

141 Ga.App. 570

F. N. BROWN v.GEORGIA STATE BANK.

No. 53507.

Court of Appeals of Georgia, Division No. 3.

March 11, 1977.

Barry Staples, David S. Marotte, Duard R. McDonald, JoAnn Miles, Marietta, for appellant.

Holcomb & McDuff, Michael G. Colquitt, Frank D. Holcomb, Marietta, for appellee.

DEEN, Presiding Judge.

The appellant concedes that the question on this appeal is whether a secured purchase-money creditor must first foreclose on the secured property and then seek a deficiency or whether he can seek a general judgment on the debt without foreclosing on the security.The appellant argues that the appellee as a secured purchase-money creditor is limited to the procedures of Code Ann. § 67-1503 et seq. and may not elect to proceed under Code§ 67-1501.This argument was rejected in Gentry v. Hibbler-Barnes Co., 113 Ga.App. 1, 2, 147 S.E.2d 31."A creditor who holds a promissory note secured by a deed is not put to an election of remedies as to whether he shall sue upon the note or exercise a power of sale contained in the deed, but he may do either, or 'pursue both remedies concurrently until the debt is satisfied.' "Oliver v. Slack, 192 Ga. 7, 8, 14 S.E.2d 593, 594 and cits.There is no merit in the...