7 Bay Traders LLC foreclosed on a security deed encumbering Unit 31 of Campbellton Court, an Atlanta condominium development, and took a deed under power of sale. Eddie Denhardt, who had previously received an assignment of lien and assessments with respect to the unit from the condominium association, filed a petition in superior court to enforce the lien.1 Denhardt and Traders filed cross-motions for summary judgment, and the trial court granted summary judgment to Traders. Denhardt appeals, and we affirm. “It is well established that on appeal of a grant of summary judgment, the appellate court must determine whether the trial court erred in concluding that no genuine issue of material fact remains and that the party was entitled to judgment as a matter of law. This requires a de novo review of the evidence.” Citation and punctuation omitted. Rubin v. Cello Corp. , 235 Ga. App. 250 510 SE2d 541 1998. Further, a defendant who will not bear the burden of proof at trial need not affirmatively disprove the nonmoving party’s case; instead, the burden on the moving party may be discharged by pointing out by reference to the affidavits, depositions and other documents in the record that there is an absence of evidence to support the nonmoving party’s case. If the moving party discharges this burden, the nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue. Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991.
The facts are generally undisputed. The Campbellton Court Association recorded its Declaration of Condominium in January 1972. Section 11 of the declaration provides for the priority of the “lien of the assessments.” However, only the page of the Fulton County deed book containing Section 11 of the declaration was included in the record before the trial court. Also in 1972, Edward Brown bought the unit and granted a deed to secure debt to Advance Mortgage Corporation. In 1989, Brown granted a deed to secure debt to Parkway Mortgage. In June 2005, the deed to secure debt originally issued to Parkway was assigned to Traders. The deed to secure debt originally issued to Advance Mortgage was cancelled in September 2006. In December 2006, the Association assigned its interest in unpaid condominium assessments and liens in the unit to Denhardt. On January 2, 2007, Traders foreclosed on its deed to secure debt. Subsequently, Denhardt sent Traders a “Notice of Judicial Foreclosure Statutory Demand Pursuant to OCGA § 44-3-109 c.” Denhardt then filed a petition to enforce the lien.
