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Section 22 also authorizes Borrower to collect all expenses incurred in pursuing the remedies provided in said section including attorney fees. Likewise, these instructions did not violate the provisions of OCGA § 13–1–11. Accordingly, summary judgment to Lender on the amounts due under the note is affirmed.2. From this he extrapolates that because the attorney fees awarded in this case are more than treble the amount of the fees incurred, they must be treated as punitive damages for purposes of determining whether they pass constitutional muster. The Georgia RICO Act at OCGA § 16–14–6(c) provides that an injured person “shall have a cause of action for three times the actual damages sustained, and, where appropriate, punitive damages.” Thus, the legislature must have intended treble damages to be a type of damages that may be recovered other than and in addition to punitive damages. E.2d 167 (1973) (citations and punctuation omitted). Borrower contends the attorney fee award in this case is contrary to longstanding law regarding the damages that may be recovered in a breach of contract case because it exceeds the amount required to place Lender in the position it would have been in had Borrower not breached the terms of the loan documents. The above-quoted language, however, does not establish that application of OCGA § 13–1–11 in this case is contrary to its intent. Last to hit the stage was Atlanta’s very own Dondria.It seems like just yesterday when Jermaine Dupri found this beauty on Youtube and introduced her to the masses.While she has a beautiful voice, Dondria didn’t find much commercial success in Atlanta; however, she’s moved to Los Angeles and has a new team.Coming out last night with a new look and her voice at the top of her game, she definitely did not disappoint.Lender, by and through its attorney, sent another default letter dated May 20, 2011, that referenced the defaults set forth in the April letter. We find the statute in this case bears a rational relation to the purpose for which the statute was intended, namely to provide debtors with the opportunity to avoid the contractual obligation to pay the creditor's attorney fees by allowing the debtor a last chance to pay the balance of the debt and avoid litigation. All the Justices concur, except NAHMIAS, J., who concurs in judgment only as to Division 2.
The May letter further advised Borrower he was in default as a result of an unauthorized transfer of the property by warranty deed to a third party, in violation of the terms of the security deed (“due on sale default”). Further, we conclude the application of OCGA § 13–1–11 to arrive at the amount of the award of attorney fees in this case is neither punitive nor violative of Borrowers' due process rights, nor is the award contrary to the intent of the statute.
In the June letter, Lender gave notice of acceleration of the full amount of the indebtedness for Borrower's failure to cure the payment default set forth in the April letter. This Court has held “that attorney fees sought under OCGA § 13–1–11 are mandatory where the statute's conditions have been clearly satisfied.” Termnet Merchant Services, Inc.
The June letter set forth the total amount of indebtedness due as of June 1, 2011, and the per diem interest due for each day thereafter.
Dupre IV, Miller & Martin, PLLC, John Anthony Moore, The Moore Law Group LLC, Samuel S. G., Department of Law, Atlanta, GA, for Bank of America, N. This appeal arises from the efforts of appellee Bank of America, N. (“Lender”) to enforce the terms of the promissory note and deed to secure debt executed in its favor by appellant Johntá M. Lender sued to collect the debt it claims the Borrower owes as a result of default, including attorney fees, and the trial court awarded summary judgment to Lender. The April letter set forth the total amount of the delinquency and that Lender intended to enforce the provisions of the loan documents regarding payment of attorney fees.
By letter dated April 25, 2011, Lender provided notice that the loan was in default as a result of Borrower's failure to make six monthly payments that were then due and owing (“payment default”) and was also in default for failure to pay 20 real property taxes that purportedly had resulted in the filing of four liens against the property that secured the loan (“tax lien default”).
The May letter notified Borrower that Lender was thereby accelerating the full amount of the indebtedness pursuant to the terms of the security deed. E.2d 331 (2010) (citations and punctuation omitted).