Marsh v. Berens

Ingram, Justice.

This is an appeal from a summary judgment entered in Fulton Superior Court in favor of the defendants. Appellant was the plaintiff in the trial court in a complaint seeking an injunction and damages against defendants Carteret Savings & Loan Assn, and Frederick W. Berens, Inc. The defendant Carteret holds a security deed on plaintiffs real property and defendant Berens is the loan servicer for Carteret.

The basic thrust of appellant’s claim is that defendant Berens refused to accept a tender by plaintiff of late payments; that agents of Berens placed "foreclosure” signs on the…