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Bank Loses Claim to Collateral

Michael L. Weissman

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In a decision by the Court of Appeals of Georgia, 2022 Ga. App. LEXIS 230; 2022 WL 1492854 (1st Div. May 5, 2022), the bank lost its claim to certain collateral because it was unable to provide sufficient evidence that both it and the borrower intended to include the collateral but failed to do so as a result of a mutual mistake.

The borrower’s relationship with the bank began before 2004 with a commercial loan secured by real estate. After 2004, the borrower acquired two additional…

About the Author
Michael L. Weissman
Counsel, Levin & Ginsburg Ltd.
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