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Haamid v. First Franklin Fin. Corp.

The plaintiff properly served a nonresident owner of Georgia property at his Oregon address under the long arm statute, O.C.G.A. § 9-10-91 et. seq.

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Shaheed Haamid appeals from the trial court’s order entering default judgment against him and in favor of First Franklin Financial Corporation FFFC, in FFFC’s action to establish a lost deed. In two enumerations of error, Haamid asserts that the trial court lacked personal jurisdiction over him because he was not properly served with the complaint. We affirm the judgment of the trial court. In its complaint, FFFC asserts that on August 28, 2006, Haamid purchased certain property in Newton County and received a warranty deed from the seller. In turn, Haamid gave a note and security deed1 to FFFC’s predecessor in interest.2 The warranty deed and security deed were both lost somewhere between the closing attorney’s office and the Newton County courthouse and were never recorded. An “Affidavit of Title,” with a copy of the security deed attached, was recorded in the Newton County property records on November 27, 2007. The warranty deed was re-executed by the seller in favor of Haamid and the re-executed warranty deed was recorded in the property records of Newton County on April 8, 2008.

On June 23, 2008, FFFC filed the underlying action to establish the lost security deed pursuant to OCGA § 44-5-46.3 On August 25, 2008, an answer was filed purportedly on behalf of Haamid by his attorney-in-fact, Tyrone Haamid. FFFC filed a motion to strike the answer, and the trial court granted the motion, on the ground that Tyrone Haamid was not an attorney licensed to practice law in Georgia. Subsequently, FFFC moved for default judgment;4 and on March 12, 2009, the trial court granted default judgment in favor of FFFC. Haamid appeals from this order.

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