Kearns v. Vineyard Bay Development Co.

BENAVIDES, Circuit Judge:

Thomas Kearns appeals the district court’s grant of summary judgment to Vineyard Bay Development Company, Inc. (“Vineyard Bay”), Alamo Title Insurance (“Alamo”), and Bruce Liesman.

I

Hugh Robertson, the president of Vineyard Bay, and his wife, Maureen, were personal friends of Thomas Kearns and his wife. Vineyard Bay borrowed $800,000 from Kearns and executed a promissory note made payable to Kearns in that amount. The note was secured by. a deed of trust on certain properties that also secured debt owed to Alamo and Liesman by Vineyard Bay. The note matured on July 15,…