Ingram v. JIK Realty Co.

Cooper, Judge.

In August 1983, Harold Robinson (“Robinson”) obtained a second mortgage on the subject property and executed a promissory note and deed to secure debt in favor of Atlantic Mortgage Company. (Atlantic subsequently changed its name to First American South, but will hereinafter be referred to as “Atlantic”). Because the terms of Robinson’s first mortgage did not permit a second mortgage on the property, in October 1984, Robert Westmoreland (“Westmoreland”), a corporate vice-president for Atlantic executed a quitclaim deed on the subject property which cancelled Atlantic’s deed to…