Paxton v. TRUST COMPANY BANK OF GWINNETT COUNTY

Jordan, Presiding Justice.

This is an appeal from the denial of a permanent injunction against a foreclosure sale of appellant’s property.

Appellee, as successor in interest to the Gwinnett Commercial Bank, advertised certain property for sale on which it had a deed to secure debt from appellants. Appellants sought to enjoin the bank from exercising its power of sale contending that the original parties to the deed had orally modified it, and no money was currently owing under their agreement. The trial court denied appellant relief on the basis that no modification of the deed had been shown.

1.…