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Cronan v. JP Morgan Chase Bank NA

The trial court erred in dismissing the defendant's counterclaim to quiet title, since the allegations of the counterclaim disclosed that the defendant would be entitled to relief if it was determined that he did in fact hold unencumbered legal title to the real property at issue and that the bank, through the filing of the Affidavits of Title and the foreclosure and resulting Deed Under Power, cast a cloud upon that title.

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Michael A. Cronan appeals from a trial court order dismissing his counterclaim against JP Morgan Chase Bank, N. A. Chase.1 On appeal, Cronan contends that the court erred in dismissing his claim to quiet title and his claim for attorney fees pursuant to OCGA § 13-6-11. He also asserts that the court erred in refusing to permit examination of Chase’s attorney-in-fact. For the following reasons, we affirm in part and reverse in part.

The underlying facts are largely undisputed. In 2010, Cronan obtained a $417,000 loan from Chase and executed a security deed to secure the debt. The deed listed a parcel ID number and the property address of 2215 Dawnville Beaverdale Rd. in Dalton, Georgia, hereinafter 2215 Dawnville under Transfer of Rights in the Property, and further provided, See Attached Legal Description. The attached legal description described the property by reference to a plat/survey and by metes and bounds, and added: Commonly known as: 2215 Dawnville Beaverdale R, Dalton, GA 30721. But, as the parties agree, the legal description in the deed was for that of 2253 Dawnville Beaverdale Road 2253 Dawnville, another property Cronan owned.

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