Gerdin v. Princeton State Bank

OPINION

POPOVICH, Chief Judge.

Appellant appeals the trial court’s granting of summary judgment in favor of respondents. Appellant claims the trial court erred because genuine issues of material fact existed. We reverse and remand for trial on the merits.

FACTS

Gerdin Transfer, Inc., defaulted on its mortgage held by respondent Princeton State Bank. The bank retained Louis L. Hoffman and John C. Hoffman, attorneys, to initiate mortgage foreclosure proceedings. The Hoffmans were told it would be necessary to extinguish certain tax liens. Appellant Wilford Gerdin saw the notice of foreclosure sale…