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Holloway v. U. S. Bank Trust Nat'l Ass'n

The record on appeal contained no evidence about the specific nature of the alleged fraud that occurred in a deed conveyance, thus the bank could not show that it received a valid title to the property on which it sought to foreclose.

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U. S. Bank Trust National Association filed this action seeking a declaration that a security deed it holds on property owned by the late Robert Holloway is a valid first lien on the property. Holloway’s estate and others with an interest in the property together, “the estate” appeal the summary judgment in U. S. Bank’s favor. There is some evidence that U. S. Bank acquired its security deed from a party who acquired her interest through constructive fraud, so the bank has not shown as a matter of law that it acquired good title. We therefore reverse.

A moving party is entitled to summary judgment “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” OCGA § 9-11-56 c. “On appeal from the denial or grant of summary judgment the appellate court is to conduct a de novo review of the evidence to determine whether there exists a genuine issue of material fact, and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Citations omitted. Benton v. Benton, 280 Ga. 468, 470 629 SE2d 204 2006.

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