In this action for breach of contract, accounting fraud, and conspiracy to defraud surrounding the allegedly negligent construction on their home and the HUD home improvement loan used to finance that construction, Ronald and Joann Waller the “Wallers” appeal, pro se, the trial court’s grant of summary judgment to the lender, City of Macon Economic and Community Development Department “ECDD”, C. Jack Ellis Mayor of Macon, and Chester Wheeler Director of ECDD. Appellants argue that the trial court erred in: 1 finding that ECDD was a lender; 2 finding that ECDD was neither a party to the home improvement contract nor liable in light of the fact that ECDD became a third party beneficiary when it filed a promissory note and warranty deed; 3 failing to consider that ECDD became a prohibited interested party to the HUD contract when it filed the promissory note and warranty deed; and, 4 finding that appellees C. Jack Ellis and Chester Wheeler were not properly served. For the reasons which follow, we affirm. 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- 56 c. 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. 1 The instant case, filed against ECDD in September 2002, and alleging breach of contract, accounting fraud, and conspiracy to defraud, is the fourth action the Wallers have filed against ECDD since arbitration over the repair work done by S & S Construction Company. The three earlier suits, two in bankruptcy and the third in the United States District Court for the Middle District of Georgia, were dismissed.
The record shows that ECDD provides federal government funds for home improvements and repairs through a program known as Macon’s Neighborhood Challenge. The Wallers sought financing from ECDD for emergency repairs to their home. ECDD approved the loan in the original principal amount of $16,077, secured by a deed to secure debt on the home. Charles Smith d/b/a S & S Construction Company “S & S” was selected to make the repairs to the home, and on October 14, 1998, Ronald Waller and S & S entered into an Owner-Contractor Home Improvement Construction Agreement the “Contract”.
