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Boaz v. Latson

The 4-year statute of limitation was not tolled on the plaintiff's fraud claim because the defendant did not prevent him from discovering an allegedly fraudulent promissory note.

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Darrell and Carolyn Boaz sued attorney William Latson for fraud, fraudulent foreclosure, and slander of title. Latson moved for summary judgment on all claims, and the trial court granted his motion. For reasons that follow, we affirm the trial court’s ruling as to the fraud claim, but reverse as to the fraudulent foreclosure and slander of title claims. We review the trial court’s summary judgment ruling de novo, construing the evidence and all reasonable inferences in the light most favorable to the non-moving party.1 So viewed, the evidence shows that, in 1994, Darrell Boaz retained Latson to represent him in a legal matter. On or about August 1, 1994, an individual named Ronnie Street told Darrell that Latson needed Darrell’s signature for an affidavit to be used in the legal proceeding. Street then presented Darrell with a piece of paper containing only a signature line and a blank notary public stamp. Darrell signed the paper and gave it to Street.

The Boazes allege that Latson used that signature to create a fraudulent $20,246.44 promissory note from Darrell to Latson that pledged as security property jointly owned by the Boazes “the property”. According to the Boazes, Latson recorded the fraudulent note in Spalding County on March 9, 1995, even though Darrell owed him no debt. They contend that they did not learn about the note until 2001, when Latson sought payment and commenced foreclosure proceedings on the secured property. The Boazes also presented evidence that Latson failed to notify Carolyn Boaz about the foreclosure.

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