Stulz v. Citizen's Bank and Trust Co.

PATRICIA BRECKENRIDGE, Judge.

James and Melissa Stulz appeal the final judgment granting Citizen’s Bank and Trust Company’s motion to dismiss the Stulzes’ claims for wrongful foreclosure and conversion and granting Hall Realty Company’s motion to dismiss the Stulzes’ claim for conversion. In their first point, the Stulzes assert that the trial court erred in granting Citizen’s Bank’s motion to dismiss because Citizen’s Bank converted surplus funds from a foreclosure sale on a first deed of trust, to pay a note that was secured by a second deed of trust, which was not foreclosed upon by the…