Reynolds v. CB&T

The trial court erred in granting summary judgment to bank on plaintiff's claims for wrongful foreclosure, breach of contract, intentional and grossly negligent infliction of emotional distress, unjust enrichment and promissory estoppel because there were genuine issues of material fact remaining.

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Self, Judge.Willie T. Reynolds sued CB&T, a division of Synovus Bank (“CB&T”), for wrongful foreclosure, breach of contract, intentional and grossly negligent infliction of emotional distress, unjust enrichment, and promissory estoppel. CB&T moved for summary judgment on all claims, and the trial court granted its motion. As there are genuine issues of material fact supporting all claims, we reverse the trial court’s grant of summary judgment to CB&T.

Summary judgment is appropriate if the pleadings and evidence “show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” OCGA § 9-11-56 (c). “We review a trial court’s grant of summary judgment de novo and construe all inferences in the light most favorable to the nonmoving party.” Olde Towne Tyrone, LLC v. Multibank 2009-1 CRE Venture, 326 Ga. App. 322, 323 (756 SE2d 558) (2014).Viewed in the light most favorable to Reynolds, the record shows that Reynolds borrowed $253,371 from CB&T in order to construct his family’s home. Reynolds executed a promissory note for the full amount, which was secured with a deed to secure debt pledging the property on which the home was being built as security for the loan. The promissory note was executed on June 18, 2012, and had a maturity date of June 18, 2013. Its stated purpose was for “construction.” The note was renewed for a nearly identical amount on July 1, 2013, and December 9, 2013. On February 13, 2015, the amount of the loan renewed was $219,625.93, with a maturity date of May 13, 2015. The note provided that “[a]ny changes to this note or any agreement securing this note must be in writing and signed by you and me.”

Reynolds v. CB&T

The trial court erred in granting summary judgment to bank on plaintiff's claims for wrongful foreclosure, breach of contract, intentional and grossly negligent infliction of emotional distress, unjust enrichment and promissory estoppel because there were genuine issues of material fact remaining.

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