Shanks v. Alderson

HUDOCK, Judge:

This is an appeal from the trial court’s granting of the Appellees’ motion for summary judgment. We reverse.

The Appellant, Margery I. Shanks, an 84-year-old widow, sold her Washington County home to Appellees, Kelly J. and Andrea L. Alderson. As part of the transaction, the Appellant took back a first mortgage. Later, the Appellees agreed to sell the property to a third party. By falsely representing to the closing officer that the Appellant had been paid the balance of the first mortgage, $27,918.97 1 , the Appellees received a check from the closing officer in the amount of…