SmartBrief
Confirm favorite deletion?
Property Law Keyed to Singer
Brock v. Yale Mortgage Corporation
Citation:
700 S.E.2d 583 (Ga. 2010)Facts
In 1987, the Brocks jointly purchased a property secured by a mortgage from First Railroad Mortgage Company. The couple maintained separate checking accounts and Brock would give his wife money to make the loan payment. However, Joyce did not use the funds to make the payments and in 1996 the mortgage went into default. Joyce borrowed money from a friend and halted the foreclosure. In August 2000, Joyce received a second notice of foreclosure but worked out a payment plan. In January 2001, Joyce received a third notice of foreclosure. Joyce did not inform Brock of the foreclosure, and instead contacted a mortgage broker at Capital Lending Group that assisted her in procuring a loan from Yale. In order to secure the loan, Joyce forged Brock’s signature on a deed conveying Brock’s interest in the property to her. Yale loaned Joyce $60,000, of which $15,460 was used to satisfy the First Railroad mortgage.
In May 2004, Brock learned that Joyce had spent $200,000 from his checking account. Brock then filed for divorce and subsequently learned about the 2001 foreclosure and Yale loan. In August 2004, the Brocks executed a divorce settlement agreement in which Joyce transferred all her interests in the property to Brock. The agreement further read that “[t]he parties acknowledge that [Joyce] has incurred a $50,000 liability on the property.”
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
Topic Videos
Topic Refresher Course
Mortgages