Miley v. Thornburg Mortgage Home Loans Inc.

Absent a transcript, the trial court's grant of a writ of possession to the appellee and the dismissal of appellant's counterclaims were presumably correct.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In this dispossessory action, Althea Miley, acting pro se, appeals the trial court’s grant of a writ of possession in favor of Thornburg Mortgage Home Loans, Inc. and its dismissal of her counterclaims. She also appeals the trial court’s order requiring her to pay rent into the court. Because Miley failed to file a transcript of the trial, we affirm. The record shows that Thornburg foreclosed on real property located in DeKalb County on September 4, 2007, and was the successful bidder at the subsequent property auction, purchasing the property for $226,200.00. Thornburg instituted dispossessory proceedings against Miley, claiming Miley was a tenant at sufferance following the foreclosure. Miley answered and counterclaimed, claiming the foreclosure was wrongful. Following a bench trial, the trial court entered judgment for Thornburg and dismissed without prejudice Miley’s counterclaims for wrongful foreclosure and violations of the Fair Debt Collection Practices Act. The trial court entered a writ of possession in favor of Thornburg and subsequently entered a separate order requiring Miley to pay rent into the court during the pendency of the case.

On December 28, 2007, Miley filed a pro se appeal and motion to dismiss the writ of possession Case Number A08A1034, requesting the Supreme Court of Georgia to hear her appeal. The Supreme Court transferred the appeal to this Court on January 28, 2008. On March 20, 2008, Miley filed a timely pro se application for discretionary review of the court’s order requiring her to pay rent into the court. This Court determined that an application for discretionary review was not required in the case and granted Miley’s application Case Number A08A1602. Because the facts and parties at issue in these cases are identical, we have consolidated them for consideration. Both appeals fail.

Miley v. Thornburg Mortgage Home Loans Inc.

Absent a transcript, the trial court's grant of a writ of possession to the appellee and the dismissal of appellant's counterclaims were presumably correct.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report