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Essien v. CitiMortgage Inc.

The appeal from the grant of summary judgment to a bank and a law firm on the plaintiff's claim for wrongful foreclosure was frivolous, and the Court imposed sanctions against the plaintiff's counsel.

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Days before a scheduled foreclosure sale, Ronke Essien filed this action against CitiMortgage, Inc. and the law firm of Pendergast Associates, P.C. in the Superior Court of Fulton County, asserting claims for wrongful foreclosure, breach of contract, trespass, violations of the Georgia RICO Act, and surprise, seeking damages, punitive damages and attorney fees. CitiMortgage and Pendergast filed motions for summary judgment. Essien failed to respond to the motions. The trial court granted the motions as to all claims for relief. Essien appeals, contending that a genuine issue of material fact exists regarding whether CitiMortgage breached the subject security deed’s pre-acceleration notice requirements and that, therefore, the trial court erred in granting the motions for summary judgment as to Essien’s wrongful foreclosure claim under OCGA § 23-2-114.1 Essien’s appellate brief does not address the other claims asserted in her complaint.

Summary judgment is proper if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. OCGA § 9-11-56 c. In response to a properly supported motion for summary judgment which pierces the pleadings, plaintiffs may not stand upon their allegations, but must come forward with evidence to contravene defendants’ proof or suffer judgment. Citation omitted. Bowden v. Pryor, 215 Ga. App. 351 450 SE2d 845 1994. See also Wade v. Howard, 232 Ga. App. 55, 59 499 SE2d 652 1998 accord.

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