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Howard v. GMAC Mortg. LLC

It is well-established that the alleged invalidity of a foreclosure sale cannot be asserted as a defense in a subsequent dispossessory proceeding.

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In this dispossessory action, Matthew W. Howard appeals, pro se, from two separate orders entered below. The first of these orders granted the landowner, GMAC Mortgage, LLC, a writ of possession for the premises in question. The second order dismissed Howard’s appeal of the writ of possession, based upon his failure to pay rent into the registry of court during the pendency of that appeal. For reasons explained below, we affirm the order of the trial court granting GMAC a writ of possession. Furthermore, because we decide Howard’s original appeal on the merits, his appeal of the order dismissing his appeal of the writ of possession is moot.1

The undisputed facts show that in June 2010, GMAC filed a dispossessory warrant against Howard in Cherokee County State Court, asserting that he was a tenant at sufferance as a result of GMAC’s purchase of the property at a May 2010 foreclosure sale.2 Howard filed an answer asserting as his defense that the foreclosure sale was wrongful and that he had wrongful foreclosure actions pending against GMAC and others in Cherokee County Superior Court, and that action was removed to the United States District Court for the Northern District of Georgia. Howard also asserted a counterclaim for intentional infliction of emotional distress, based on GMAC’s decision to seek a writ of possession despite its knowledge of Howard’s wrongful foreclosure lawsuits. The case was thereafter transferred to the Superior Court of Cherokee County.

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