Appellant David Roylston filed this lawsuit seeking damages for breach of the Georgia Residential Mortgage Act “GRMA” and wrongful foreclosure of real property against the foreclosing lien holders, Bank of America, N. A. and Wachovia Bank, N. A. f/k/a First Union National Bank, N. A.1 Roylston claimed that the banks failed to provide him with proper notice of the foreclosure sales. The banks filed motions for summary judgment and sought attorney fees, arguing that Roylston’s claims were frivolous. Roylston filed a cross-motion for partial summary judgment against Bank of America. The trial court granted summary judgment as to all claims in favor of the banks and denied Roylston’s motion. Roylston appeals, contending that the trial court erred in granting Bank of America’s motion for summary judgment and in awarding attorney fees to both Bank of America and Wachovia. For the reasons that follow, we affirm the trial court’s award of attorney fees to Wachovia, but reverse the trial court’s decision granting summary judgment and awarding attorney fees to Bank of America on the wrongful foreclosure 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 § 9-11-56c. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Ins. Corp. , 226 Ga. App. 459 1 486 SE2d 684 1997.So viewed, the evidence shows that the foreclosed property, a private residence, was formerly owned by Kyoung and Deok Lee. The Lees pledged the property as security for a first mortgage with Bank of America, a second mortgage with Wachovia, and a third mortgage with Summit Bank. The Lees defaulted on their loans and filed for bankruptcy. Wachovia and Bank of America, both of which were represented by the same law firm, subsequently moved for relief from the automatic bankruptcy stay, which was granted. Wachovia subsequently initiated foreclosure proceedings against the property. Wachovia sent notice of the foreclosure to the Lees and issued published notice. The published notice stated that the property would be sold subject to all “matters superior to the security deed” held by Wachovia and stated that the sale was “subject to security deed recorded in Deed Book 11177, Page 282,” i. e., the first priority security interest held by Bank of America. Roylston purchased the property as the highest bidder at the foreclosure sale on May 3, 2005, extinguishing the second mortgage held by Wachovia and the junior third mortgage held by Summit.
Roylston did not receive the deed from the foreclosure sale until June 4, 2005. A few days later, on June 7, 2005, Bank of America foreclosed upon its first priority lien against the property. While Bank of America had issued a public notice of the sale, it did not mail written notice to Roylston prior to conducting the foreclosure.2 At the Bank of America foreclosure sale, a third party acquired title to the property as the highest bidder.
