After SunTrust Bank foreclosed on secured property owned by Community Marketplace Properties, LLC pursuant to a debt owed by Community Marketplace and guaranteed by William Russell West and Randall K. Bassett, Community Marketplace sued SunTrust to collect the amount that it claimed the proceeds of the foreclosure sale exceeded the amount it owed on the secured debt. SunTrust filed a counterclaim against Community Marketplace and the guarantors, in which it sought to collect the amount it claimed remained owed including its attorney fees after applying the proceeds of the foreclosure sale. The parties filed motions for summary judgment, and the trial court denied the motion filed by Community Marketplace and the guarantors and granted the motion filed by SunTrust. Community Marketplace and the guarantors appeal, claiming that i SunTrust was not entitled to attorney fees because it did not provide notice in compliance with OCGA § 13-1-11 and ii even if SunTrust was entitled to attorney fees, genuine issues of material fact remained as to the amount of such fees. We find no error and affirm. “Summary judgment is appropriate when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. We apply a de novo standard of appellate review and view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.”1
So viewed, the record shows that on October 19, 2006, Community Marketplace executed a promissory note payable to SunTrust in the original principal amount of approximately $322,600. The note provided that Community Marketplace would pay all costs of collection in the event of a default, as well as attorney fees of 15 percent of the principal and interest then owed. To secure payment of the note, Community Marketplace also executed a deed to secure debt on certain real property located in Paulding County. Like the note, the deed provided that if SunTrust collected the secured debt through an attorney, Community Marketplace would pay attorney fees of 15 percent of the principal and interest then owed. In addition, West and Bassett entered into agreements in which they personally guaranteed the obligations of Community Marketplace under the note and security deed.
