Phillips v. Atlantic Bank & Trust Co.

Birdsong, Judge.

This is an appeal from the grant of defendant/appellee’s (bank’s) motion for summary judgment in this action based upon alleged fraud and breach of oral promise in connection with the foreclosure by appellee upon real estate formerly owned by appellant. Appellant on appeal cites five errors in the judgment of the trial court.

Appellant procured from appellee short term financing, in the form of a 90-day note, for certain rental property. The note was subsequently renewed, and appellant ultimately defaulted under a renewal. Appellee then foreclosed upon the property pursuant to…