Lavi v. Dist. Ct. (Branch Banking)

Petitioner Simon Lavi was a guarantor for a commercial real estate loan when real party in interest Branch Banking and Trust Company (BB&T) purchased the loan. On October 13, 2009, after the borrowers defaulted on the loan, BB &T filed a complaint seeki ng full recovery of the loan's balance from Lavi and others. While the complaint was pending, BB&T foreclosed on the property and took ownership through a credit bid at a February 11, 2010 trustee sale. On January 31, 2011, BB&T moved for partial summary judgment regarding Lavi's liability for the remaining loan balance. In response, Lavi…