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BAC Home Loans Servicing LP v. Wedereit

The defendant failed to give the plaintiff proper notice pursuant to the terms of the security deed prior to accelerating the plaintiff's loan and foreclosing on the property.

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Brian Wedereit filed suit against BAC Home Loans Servicing, L. P. f/k/a Countrywide Home Loans Servicing, L. P. and Bank of America, N. A. “BAC” for breach of contract and wrongful foreclosure after BAC foreclosed on his home in Grovetown. BAC appeals from the trial court’s partial grant of summary judgment to Wedereit on his claim for breach of contract based on BAC’s failure to give notice prior to accelerating the loan and its denial of BAC’s motion for summary judgment on Wedereit’s claims for wrongful foreclosure, equitable relief, punitive damages and attorney fees, contending that 1 the trial court erred in sua sponte granting partial summary judgment to Wedereit; 2 the trial court erred in finding, as a matter of law, that there was no notice of the acceleration of the loan; and 3 the trial court erred in denying BAC summary judgment on Wedereit’s claims for wrongful foreclosure, equitable relief, punitive damages and attorney fees. For the reasons that follow, we affirm the trial court’s ruling.

On appeal from a grant or denial of summary judgment, we conduct a de novo review of the law and evidence. Rubin v. Cello Corp., 235 Ga. App. 250 510 SE2d 541 1998. In applying this standard of review, we view the evidence in the light most favorable to the nonmovant to determine whether a genuine issue of material fact exists and whether the moving party is entitled to judgment as a matter of law. Id.

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