Appellee-plaintiff Delcie Broadstreet filed her verified complaint for injunctive relief to stop foreclosure and to set aside a deed to secure debt upon the initiation of foreclosure proceedings by appellant-defendant First American Title Insurance Company. First American thereafter filed its motion to dismiss or transfer venue, asserting its status a foreign corporation with registered agent a resident of Fulton County. Following an interlocutory injunction hearing, Ms. Broadstreet amended her complaint, adding an action to quiet title under OCGA § 23-3-62. This appeal1 follows entry of the superior court’s order denying First American’s motion to dismiss or transfer venue and granting an interlocutory injunction to Ms. Broadstreet prohibiting any foreclosure upon the deed to secure debt. First American contends that the superior court erred in finding venue as properly laid under OCGA § 33-4-1 2, arguing that the instant action does not arise out of its business as an insurer and that it has no agent or place of business in Carroll County; that the grant of an interlocutory injunction to Ms. Broadstreet was error as entered in the absence of notice of her amended complaint which added an action to quiet title after the superior court’s hearing on interlocutory injunction; and that the Quiet Title Act of 1966 “Act”, OCGA § 23-3-62, is unconstitutional insofar as it purports to provide venue in the county where the land lies in an action to quiet title contrary to Paragraph III, Section II, Article VI of the Georgia Constitution which pertinently provides that “equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed;” Finding that this action does not arise out of First American’s role as an insurer and that First American was not allowed to raise its arguments concerning venue under the Act, we vacate the judgment of the superior court and remand with direction.
The record shows that the Washtenaw Mortgage Company loaned Ms. Broadstreet’s husband, Bruce Broadstreet, $40,000. The loan was secured by the Broadstreet’s home, real property located at 272 Luther Circle, Villa Rica, Georgia in Carroll County. Washtenaw, purchased title insurance from First American at the time the loan documents were executed. Thereafter, Washtenaw sued First American and the closing attorney for damages arising out of an alleged partial failure of title. Upon settlement of the matter, First American purchased Washtenaw’s interest in the loan to Mr. Broadstreet, inclusive of the deed to secure debt. Washtenaw, in turn, assigned its interest in the deed to secure debt to First American. Held :
