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Gregorakos v. Wells Fargo Nat'l Assoc.

The plaintiff could not seek reformation of a security deed, since she was not in privity to the parties of the original deed.

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Mary Gregorakos filed suit against Wells Fargo National Association, alleging that it wrongfully instituted foreclosure proceedings and seeking reformation of a security deed.1 Wells Fargo filed a motion for summary judgment, which the trial court granted. In four enumerations of error, Gregorakos challenges this ruling. Finding no error, we affirm. A trial court properly grants summary judgment where the moving party demonstrates that there is no genuine issue of material fact and that the undisputed facts, viewed favorably to the nonmoving party, warrant judgment as a matter of law.2 Our review of a trial court’s grant of summary judgment is de novo.3

Viewed in this manner, the record reveals that in October 2000, Michael Gregorakos obtained a loan from Washington Mutual Bank, using his property as security for the loan. According to Michael Gregorakos, only that portion of the property on which his house was built was to be used as collateral. There was also a guest house on the property, where Michael’s mother, Mary Gregorakos, lived that should not have been included in the security deed.4 However, after closing the loan, Michael Gregorakos realized that the entire property —including the guest house —was listed on the security deed. Michael Gregorakos contacted the closing manager for Washington Mutual, Rose Greeson, who agreed that a mistake had been made. On October 26, 2000, Greeson sent a memo to the closing attorney requesting that the deed be corrected. The correction was never made. Nonetheless, in November 2000, Michael Gregorakos attempted to convey the guest house to his mother by quit claim deed. The quit claim deed mistakenly listed Michael Gregorakos’s company, Atlanta Investments Unlimited, Inc., as the grantor.

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