Fullilove v. HOME FINANCE CO., INC.

This is the appeal of a summary judgment. From the scant record before this court, it appears that in February 1992, Charles H. Fullilove, Jr., sold certain real property to Brookline Forest, Inc. (Brookline) and financed the purchase thereof. The purchase price was $138,240, of which $130,000 was financed by a promissory note with an annual interest rate of 9% and payable in annual installments of $20,256.61 commencing in February 1993. The note was secured by a purchase money mortgage on the property, and the mortgage contained an exculpatory clause that excluded Brookline from any…