In this civil action, Harold J. Farris sued First Financial Bank and the law firm of Campbell, Martin & Manley, LLP collectively “defendants”, alleging that defendants wrongfully foreclosed on property that Farris obtained from his former wife via a divorce decree. Following a grant of summary judgment in favor of defendants as to all his claims, Farris appeals, arguing that the trial court erred in finding as a matter of law that defendants 1 complied with the notice provisions in the security deed related to the subject property, and 2 complied with the notice requirement in OCGA § 44-14-162.2 based on the fact that Farris was not a debtor, as defined by OCGA § 44-14-162.1, who was entitled to notice. For the reasons set forth infra , we affirm. Viewed in the light most favorable to the nonmovant,1 the record shows that on December 21, 1982, Rosylind Stanton and Jimmie Norman purchased property at 1763 Sylvan Road, S.W., Atlanta, Georgia, and financed the purchase by executing a loan note and deed to secure debt as to the property in favor the Federal National Mortgage Association “FNMA”. On July 31, 1992, Stanton and Norman transferred their interest in the property by quitclaim deed to Farris’s then-wife, Pauline.
In September 1996, First Financial Bank “FFB”, the successor in interest to FNMA, notified Pauline Farris that the loan was in default and that foreclosure proceedings would be initiated, pursuant to the power of sale contained in the security deed, if she did not cure the default. After receiving no response, on December 30, 1996, FFB had its attorneys notify Pauline Farris by letter that unless the default was cured within 30 days, the debt would be accelerated and foreclosure proceedings would ensue, pursuant to the terms of the security deed. The letter was sent by certified mail to both the property’s Sylvan Road address and to the home address for Pauline Farris. The very next day, FFB’s attorneys received a letter that was purportedly signed by Pauline Farris, stating that her husband, Harold, had authority to negotiate with FFB with regard to the property. Shortly thereafter, Harold Farris contacted FFB’s attorneys and informed them that he would cure the default on the note.
