After hearing all of the information presented to him at the hearing by the attorneys for the parties, Judge Bagley determined that the CRC HOA and Richards should not be allowed to open their default with respect to their argument that the Agreement Regarding Development binds the Equestrian Center Property, since that document was outside of the chain of title to the property and neither Bose, Mommies nor FH Partners had any knowledge of it at the time that Mommies acquired the Equestrian Center Property and FH Partners made the loan secured by it (for a detailed discussion of the documents affecting title, click this link). Judge Bagley entered an Order on February 27, 2019 determining, among other things, that the Agreement Regarding Development does not bind the Equestrian Center Property. The attorneys for the CRC HOA and Richards appealed Judge Bagley's decision and the primary proceedings in the Quiet Title Action are being held in abeyance until the Georgia Court of Appeals makes a decision with respect to the issues addressed in the appeal.