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Citifinancial Servs. Inc. v. Varner

After the bank intervened in an action for equitable partition and sale of real property asserting that it had a lien on the property at issue, the Court found that evidence established the bank's claim for equitable subrogation.

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Nancy Ann Varner sued Ronald and Rachel Burris for equitable partition and sale of real property. Citifinancial Services, Inc. “the Bank” intervened in the action, asserting that it had a lien on the property that was the subject of the dispute. The Bank thereafter filed a motion for summary judgment, claiming that it was entitled to a first priority lien on the property under the doctrine of equitable subrogation. The trial court denied the Bank’s motion. We granted the Bank’s application for interlocutory appeal to review the trial court’s decision. The Bank contends that the trial court erred in denying its motion for summary judgment since the uncontested facts established that it was entitled to be subrogated to the rights of the first lien holder.1 For the reasons that follow, we reverse the denial of summary judgment as to the equitable subrogation claim.

“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.” Citation and footnote omitted. Secured Equity Fin., LLC v. Washington Mut. Bank, 293 Ga. App. 50 666 SE2d 554 2008.

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