# Montgomery v. Bank of America

> Court of Appeals of Georgia · March 29, 2013 · 321 Ga. App. 343

URL: https://www.frixlaw.com/law-library/cases/7878669

## Case

- **Full name:** MONTGOMERY v. BANK OF AMERICA
- **Court:** Court of Appeals of Georgia
- **Decided:** March 29, 2013
- **Citations:** 321 Ga. App. 343; 2013 Fulton County D. Rep. 1099; 740 S.E.2d 434; 2013 Ga. App. LEXIS 310; 2013 WL 1277830
- **Precedential status:** Published
- **Opinion:** Concurrence by Doyle
- **Judges:** Doyle, Miller, Ray
- **Cited by:** 40 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7878669

## How later opinions describe it (automated extraction)

- holding that even if the assignment from MERS to BAC was flawed becausejt was not executed by the party alleged, “the proper party to bring a claim against MERS would be the other party to the assignment, BAC”
- holding that the borrower plaintiff lacked standing to contest the assignment of his security deed between two banks because he was not a party to that contractual assignment
- stating that plaintiff-borrower, who was not a party to the assignment, “ha[d] no basis to contest the validity of the assignment”
- holding that a borrower could not challenge an assignment to which he was not a party, even if the assignment was forged
- holding that a litigant who was not a party to an assignment contract lacked standing to challenge its validity

## Opinion text

DOYLE, Presiding Judge,
concurring specially.
I concur fully with the majority. I write separately only to note that while I concurred in the opinion in U. S. Bank, N.A. v. Phillips, 9 in which we vacated the trial court’s order regarding the appellee’s wrongful foreclosure claim and remanded the case with instruction that the case be stayed pending the decision of the Supreme Court of Georgia in You v. JPMorgan Chase Bank, N.A., No. 1:12-cv-202-JEC-AJB, 2012 U. S. Dist. LEXIS 127461, at *12 (III) (C) (N.D. Ga. Sept. *348 7, 2012), 10 for the reasons set forth in the majority opinion and in the interest of judicial economy, I agree that this case should be affirmed.
Decided March 29, 2013
Reconsideration denied April ll, 2013
Douglas R. Daum, for appellant.
McCalla Raymer, Jimmy T. Howell, Jr., Steven J. Flynn, Hunton & Williams, Brooke F. Voelzke, for appellees.
I am authorized to state that Judge Boggs joins in this special concurrence.
318 Ga. App. 819 ( 734 SE2d 799 ) (2012).
You was docketed in the Supreme Court of Georgia on Sept. 13, 2012.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7878669. Public record. Not legal advice.