DOCO Credit Union v. Chambers

A previously-filed action in one county seeking monetary damages for certain allegedly wrongful foreclosures did not abate a quiet title suit filed in another county, as the two causes of action were neither identical nor did they resolve the same issues.

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DOCO Credit Union f/k/a DOCO Regional Federal Credit Union “DOCO” filed a quiet-title action in the Superior Court of Lee County in order to establish that it had legal title to certain properties located in that county and upon which it had foreclosed pursuant to the powers of sale contained in several security deeds. Appellees Ida and Cheryl Chambers filed a motion to dismiss and plea in abatement, contending that DOCO’s quiet-title action was barred by the Chambers’ previously filed lawsuit pending in the Superior Court of Daugherty County, which involved some of the same properties. The Superior Court of Lee County summarily granted Ida and Cheryl Chambers’s motion and dismissed DOCO’s quiet-title action. On appeal, DOCO argues that the trial court erred by 1 finding that the Quiet Title Act was subject to abatement by the Dougherty County action; 2 failing to appoint a special master; 3 dismissing the case when Lee County was the only proper venue; and 4 ignoring the venue provisions set forth in the relevant security deeds. For the reasons set forth infra, we reverse.1

The facts pertinent to our consideration are undisputed. In 2009, William Chambers, Jr. “Bill Chambers”, son of Ida Chambers and husband of Cheryl Chambers, executed, for the benefit of Chambers Motors, Inc. the family business, a series of promissory notes in favor of DOCO in exchange for loans totaling over $1.5 million. The promissory notes were secured by several pieces of real property located in both Crisp and Lee Counties collectively, the “Properties”. And depending on the ownership of the Properties, the security deeds were purportedly2 executed by Ida Chambers, individually or as executrix of the Estate of William H. Chambers, Sr., or by Bill Chambers, individually or as the Trustee of the Ida W. Chambers Revocable Trust the “Revocable Trust” or the Testamentary Trust the “Testamentary Trust” established under the Last Will Testament of William H. Chambers, Sr. collectively, the “Trusts”.

DOCO Credit Union v. Chambers

A previously-filed action in one county seeking monetary damages for certain allegedly wrongful foreclosures did not abate a quiet title suit filed in another county, as the two causes of action were neither identical nor did they resolve the same issues.

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