Phillips v. Bacon

Nichols, Justice.

This case is on direct appeal from the trial court’s grant of partial summary judgment in favor of Bacon and his insurance carrier, Armed Forces Cooperative Insuring Association (Armed Forces). Phillips, the appellant and plaintiff below, owned a home in White County. Phillips had purchased the home in 1975 from Mr. and Mrs. Marcin. In order to finance the purchase, Phillips assumed Marcin’s outstanding loan with Habersham Federal Savings and Loan Association, and in addition, Phillips obtained from Marcin a secondary loan on the property. Both loans were secured by deeds to…