Consolidated Capital Special Trust v. Summers

OPINION

ELLIS, Justice.

Appellant, Consolidated Capital Special Trust (“Consolidated”), was the owner of an apartment complex foreclosed on by ap-pellee, English Village Apartments, Ltd. (“EVA” or appellee), and purchased at the mortgage foreclosure sale by EVA. Consolidated sued EVA and appellee, James Summers, Trustee (“Summers” or appel-lee), to recover excess proceeds allegedly generated by the foreclosure sale. EVA counterclaimed to recover post-foreclosure rents and security deposits collected by Consolidated prior to foreclosure.

The parties filed cross motions for summary judgment. The…