Burks v. FIRST UNION MORTGAGE CORPORATION

Blackburn, Judge.

The appellee, First Union Mortgage Corporation, filed the instant dispossessory action against the appellant, Geanne Burks, “and others,” as a result of the appellant’s refusal to vacate appellee’s property following a foreclosure sale. The appellant responded, asserting that the foreclosure was improperly conducted based upon the automatic stay provisions of 11 USC § 362. The appellant also asserted a counterclaim for malicious prosecution. After a bench trial, the trial court denied the appellant’s counterclaim and granted judgment in favor of the appellee on the writ of…