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Barron v. Wells Fargo Bank NA

In a bank's suit to reform the legal description of property securing a debt, judicial estoppel barred the debtor from asserting a claim to real property he did not declare in his personal bankruptcy proceeding.

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The trial court granted summary judgment in favor of Wells Fargo Bank, N. A., in the bank’s suit to reform the legal description of property securing a debt owed to the bank by appellant Mickey J. Barron. The bank argued that the security deed mistakenly identified only part of Barron’s single parcel of real property. The trial court based its ruling on judicial estoppel, finding that in his personal bankruptcy proceeding, Barron declared that he owned only one parcel of real property, not two, as he now contends. The trial court also granted summary judgment in favor of the bank on Barron’s counterclaims. Barron appeals both decisions. We affirm.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. We review a grant or denial of summary judgment de novo and construe the evidence in the light most favorable to the nonmovant. Home Builders Assn. of Savannah v. Chatham County, 276 Ga. 243, 245 1 577 SE2d 564 2003.

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