LPP Mortgage Ltd. v. Tucker

On Motion for Reheating

Upon consideration, we grant appellant’s motion for rehearing, withdraw our prior opinion dated June 23, 2010, and substitute the following:

LPP Mortgage LTD., etc. (“LPP”) appeals an adverse final summary judgment entered in favor of Barbara J. Tucker (“Tucker”). We reverse.

The Small Business Association (“SBA”) made mortgage loans to certain companies. Tucker executed guaranty agreements on the loans. Subsequently, LPP succeeded to the SBA mortgage. When the borrowers defaulted, LPP filed a foreclosure action against Tucker’s property. The trial court entered final…