Baxter v. Bayview Loan Servicing, LLC

BLACKBURN, Presiding Judge.

This case involves a dispute as to the existence and priority of competing security interests held by Ellis Baxter and Bayview Loan Servicing, LLC (“Bayview”) in certain real property located on Peachtree Industrial Boulevard in DeKalb County (“the Property”). The trial court granted summary judgment against Baxter and in favor of Bayview on Baxter’s claims (1) that an agreement between Baxter and his ex-wife and his son granted Baxter a mortgage on the Property; and (2) that, because Bayview took its deed to secure debt on the Property with constructive notice of…