Stearns Bank NA v. Dozetos

The trial court erred in finding that the mother of the plaintiff-son was the title holder of the property subject to a quiet title action based on a finding that the son forged a quitclaim deed purportedly from his mother to his wife, as the mother held only a security interest in the property.

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This case arises from a 2008 action to quiet title as to approximately 14 acres of land known as 2441 Branch Road, Monroe County, Georgia, filed by Keith and Lori Dozetos. Specifically named in the action were, inter alia, Keith’s mother, Bea Nickelson; Earl C. Mitchell, Jr., d/b/a BBS Construction Company; and E-Bank, the predecessor in interest to the current appellant, Stearns Bank, N.A. “the Bank”. In addition to the petition to quiet title, the Dozetoses alleged fraud, breach of contract, and unjust enrichment against Nickelson.1

In response to the Dozetoses’ action, Nickelson filed an answer, cross-claims, and counter-claims against the Dozetoses and E-Bank, alleging that she held legal title to the property. E-Bank filed an answer, and after E-Bank was taken into receivership by the Federal Deposit Insurance Corporation and its assets assigned to the Bank, the Bank asserted various counter-claims and cross-claims against Nickelson and the Dozetoses based on its purported security interest in the property for the payment of construction funds totaling $144,000 provided by the Bank to Mitchell to build a home on the property for the Dozetoses. The Bank appeals the trial court’s sua sponte grant of summary judgment in favor of Nickelson, which awarded her title to the property and cancelled all encumbrances on the property.2 For the reasons that follow, we reverse and remand for further proceedings.

Stearns Bank NA v. Dozetos

The trial court erred in finding that the mother of the plaintiff-son was the title holder of the property subject to a quiet title action based on a finding that the son forged a quitclaim deed purportedly from his mother to his wife, as the mother held only a security interest in the property.

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