NAJARIAN CAPITAL, LLC v. FEDERAL NATIONAL MORTGAGE ASSOCIATION (two cases)., 354 Ga. App. 159

Summary

HOLDINGS: [1]-In an action for specific performance, the grant of the seller's motion to dismiss was upheld because O.C.G.A. § 9-13-172.1 did not require the seller of the two properties purchased at a foreclosure sale to provide the buyer with reasonable documentary proof evidencing that a qualifying event under subsection (d) of the statute occurred to rescind the buyer's purchase; [2]-The court noted that the Georgia General Assembly has not chosen to require either party to provide documentary proof of a rescission under O.C.G.A. § 9-13-172.1 to the other party, although it possessed the power to do so.