Braswell v. Bank of Early

Smith, Judge.

The Bank of Early brought suit against Jerry D. Braswell on a promissory note. In Braswell’s answer, he alleged that the suit was in reality a deficiency action. He maintained that because the note was secured by property that the bank repossessed and sold without accounting to him for the proceeds or otherwise complying with applicable law, the bank was precluded from recovering a deficiency balance. The trial court granted the bank’s motion for summary judgment. We agree with the trial court that the evidence of record established that Braswell, and not the bank, sold the…