- 14 - completion of the terms and provisions of this Agreement * * * , that this is not a loan secured by the Property and that no title in and to the Property has passed to Buyer or will pass to Buyer until Buyer fulfills and complies with each and every term and provision hereof.” [Id.] The buyer was given immediate possession of the property and was responsible for taxes, maintenance, and insurance thereon. See id. Upon a default by the buyer, the seller’s remedy was either to rescind the transaction or to exercise a power of sale over the property. See id. The buyer would not be liable for any deficiency in the event of such a sale. See id. Faced with these facts, the court decided that the “Agreement for Deed” was “for all practical purposes no different from a bond for title”, an instrument formerly used in Georgia real estate law in connection with sales of land. Id. at 7-8. The court further noted that prior case law had said of a bond for title: “In the sale of land on credit where the vendor retains title, he has not the absolute estate, but is a trustee holding the title only as security. For many purposes the transaction may be treated in equity as though the vendor had made a deed to the vendee and the latter had thereupon given a common-law mortgage to secure the purchase-money.” [Id. (quoting Lytle v. Scottish Am. Mortgage Co., 50 S.E. 402, 406 (Ga. 1905)).] Accordingly, the court then concluded with respect to the instrument before it as follows: “In practicality, it is no different than if * * * [the seller] had delivered a warranty deed to * * * [the buyer] and accepted a deed to secure debt inPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011