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Navy Fed. Credit Union v. McCrea

The trial court erred in denying the plaintiff's motion for summary judgment in its declaratory judgment action involving a dispute over title to land.

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In this interlocutory appeal, Navy Federal Credit Union NFCU seeks reversal of the trial court’s denial of its motion for reconsideration of the court’s earlier denial of its motion for summary judgment in its declaratory-judgment action against Pearl McCrea involving a dispute over title to land.1 On appeal, NFCU argues that it was entitled to summary judgment because the undisputed evidence shows that it owns the subject property and that McCrea has no interest in it. NFCU further contends that McCrea presented no evidence to support any of her counterclaims. For the reasons set forth infra, we reverse the trial court’s denial of summary judgment to NFCU.2

Viewing the evidence in the light most favorable to McCrea, the nonmoving party,3 the record shows that on January 30, 2007, McCrea purchased the subject property, which is located in Ellenwood, Georgia the property, and she obtained a warranty deed from the seller. On the same day, McCrea executed a Joint Tenancy with Survivorship Warranty Deed, conveying the property in fee simple to Gary and Vickie Fox. A few months later, in June 2007, the Foxes used the property to secure a loan from NFCU for $70,000 and executed a security deed in favor of NFCU to that effect.

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