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915 Indian Trail LLC v. State Bank & Trust Co.

The plaintiff bank met the prima facie requirement for establishing the right to equitable subrogation by establishing that it was the assignee of the loan that paid off the senior lien on the property at issue.

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915 Indian Trail, LLC the “LLC” appeals the trial court’s order denying its motion for summary judgment and granting summary judgment to State Bank and Trust Company the “Bank” in the Bank’s suit to establish a priority lien under the doctrine of equitable subrogation1 on property located at 915 Indian Trail in Lilburn, Georgia the “Property”. We affirm for the reasons set forth below.

“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. We review the grant of summary judgment de novo, construing the evidence in favor of the nonmovant.” Citation and punctuation omitted. Secured Realty Investments v. Bank of North Ga., 314 Ga. App. 628, 628 725 SE2d 336 2012.

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