Wachovia Bank, Nat. Ass'n v. PRESTON LAKE HOMES

MEMORANDUM OPINION

SAMUEL G. WILSON, District Judge.

This is an action by plaintiff Wachovia Bank, National Association (“Wachovia”), the lender, for breach of a loan agreement against defendants Preston Lake Homes, L.L.C., the borrower, and Richard J. Hine (“Hine”), the guarantor, (collectively “Preston Lake”) seeking damages and the appointment of a receiver of Preston Lake’s property pending foreclosure. 1 Preston Lake has counterclaimed, alleging that Wachovia breached the loan agreement in various ways, breached fiduciary duties owed to Preston Lake, and committed fraud. As a result,…