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Greene v. Team Properties Inc.

The plaintiffs knew or should have known that the defendants violated the Fair Business Practice Act when the defendants obtained the plaintiffs' property without complying with O.C.G.A. § 10-1-393 b 20 C.

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Vivian and Ralph Greene sued Team Properties, Inc. and Elora Stargel, its President, for violation of the Fair Business Practices Act of 19751 FBPA. The trial court found that the Greenes had failed to comply with the FBPA’s two-year statute of limitation, granted defendants’ motion for summary judgment, and dismissed the case. The Greenes claim that the trial court erred by ruling that the statute of limitation had expired before their suit was filed and by dismissing their entire complaint, including their fraud claim. We affirm the trial court’s ruling that the Greenes’ FBPA claim is barred by the statute of limitation, but reverse the dismissal of the fraud claim because it was not addressed in the motion for summary judgment.

In July 1997, the Greenes were having financial difficulties and could not make the mortgage payments on their Hall County residence. The mortgage company had advertised a foreclosure sale of the property, which was set for August 5, 1997.

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