Cleveland v. Savage

ROBERT P. BRADLEY, Retired Appellate Judge.

This case arises from a complaint for monies due under a promissory note. The note was executed by George Savage to South Central States Financial, Inc. (SCSF), and was secured with a second mortgage on certain mortgaged property owned by Savage. SCSF subsequently assigned the note and second mortgage to Clifford W. Cleveland. After Savage failed to make payments on the note, Cleveland initiated foreclosure proceedings under the second mortgage. Cleveland then learned that Savage’s indebtedness under the first mortgage was greater than Savage had…