Allen v. Santana (2010)
Citation: 303 Ga. App. 844, 695 S.E.2d 314 · Court: Court of Appeals of Georgia · Decided: April 28, 2010 · Judge: Mikell (Smith, P.J., and Adams, J., concurring).
Source note (2026-10-18):
- Links on this page to
https://static.case.law/ga-app/303/cases/0844-01.jsonare an (unofficial Caselaw Access Project copy, retrieved before 2026-10-18; host disallows automated access); no official or otherwise permitted full-text copy was located on 2026-10-18.
Facts and holding
A lender obtained a writ of possession over a Rolls Royce and a money judgment for the borrower’s admitted debt. Earlier administrative cancellation of the lender’s ownership title did not adjudicate or preclude the security-interest and debt claims. The court affirmed.
The lender could not keep the car and collect the entire secured debt. Under § 44-14-236, the lender could retain/dispose of it under Article 9 or surrender it to a qualified levying officer for advertisement and execution sale. Realized funds had to reduce the debt; the borrower received surplus and remained liable for any deficiency.
Scope
This is an actual motor-vehicle judicial-foreclosure decision, not a land-sale analogy. It does not establish the sale/discharge procedure for every nonconsensual statutory lien. See georgia, ucc-article-9-dispositions.
Verification
needs_verification for later treatment only (no commercial citator). The full opinion was re-retrieved on 2026-10-18 from the Caselaw Access Project (static.case.law JSON, an unofficial but verbatim reproduction of the official reporter) and its facts, § 44-14-236 holding, surplus/deficiency direction and affirmance were re-checked. The earlier law.justia.com page answered automated requests with a security-verification interstitial and is not relied on.
Legal information, not legal advice. Verify current authority before relying on this summary.