In re McBride (Ch 13 Case No. 20-40454, Adv. Case No. 20-04007)

This matter came to the Court on cross motions for summary judgment filed by the Plaintiff and Defendant. The sale for the Plaintiff’s house was cried out and the deed was executed before the passage of the CARES Act, but the foreclosure deed was not recorded until after the CARES Act was signed into law. The parties disagreed as to whether the foreclosure moratorium prohibits the recordation of a foreclosure deed. The Court found under Georgia law the foreclosure sale was complete before the passage of the CARES Act, therefore, the CARES Act foreclosure moratorium did not apply. Thus, the Court granted the Defendant’s motion for summary judgment and denied the Plaintiff’s motion for summary judgment.In

Friday, May 13, 2022