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Leone v. Green Tree Servicing LLC

The Court assessed a $1K frivolous appeal penalty against the plaintiff debtor for attempting to abuse the judicial system in an effort to avoid her contractual obligations.

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Kyunna Sierra Leone, proceeding pro se both below and on appeal, appeals from the trial court’s grant of summary judgment in favor of Green Tree Servicing, LLC “Green Tree”, in this action for wrongful foreclosure. We affirm. “On appeal from the grant of summary judgment, this Court conducts a de novo review of the evidence to determine whether there is 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.”1A defendant is entitled to summary judgment if it shows that “the record lacks evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s case. The defendant does not need to affirmatively disprove the plaintiff’s case, but may prevail simply by pointing to the lack of evidence.”2 If this is shown, the plaintiff “cannot rest on his pleadings, but must point to specific evidence that gives rise to a triable issue of fact.”3

Properly viewed, the evidence shows that on February 22, 1997, Leone executed a Retail Installment Contract and Security Agreement “Contract” related to a purchase of a mobile home from Sinclair Oconee. Pursuant to the contract, Sinclair Oconee retained a security interest in the mobile home. Sinclair Oconee then assigned its right, title, and interest in the mobile home to Belgravia Financial Services, LLC “Belgravia”. Belgravia then assigned its right, title and interest in the Contract to Dynex Financial, Inc. “Dynex”. On or about December 23, 1997, the Georgia Department of Motor Vehicles issued a Certificate of Title with respect to the mobile home, reflecting Leone as the owner and Dynex as the lienholder. Dynex subsequently changed its name to Origen Financial, LLC.

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