Cindy Henderson v. Copper Ridge Homes, LLC

KITCHENS, PRESIDING JUSTICE, CONCURRING:

¶32. I fully join the majority opinion. I write separately to explain my vote with regard to whether the trial court erred in granting First Bank's summary judgment motion for judicial foreclosure.

¶33. Cindy and John Henderson allege that First Bank "made unauthorized disbursements of the Henderson new home construction loan fund to Copper Ridge Homes[.]" After discovering those "unauthorized disbursements," the Hendersons chose not to make any more payments on the promissory note. Assuming that is true, 3 First Bank was the first party to breach the…