McFadden, Presiding Judge.This is the second appearance before us of this case, which arises from Fei Zhong’s action for breach of contract, negligence, and wrongful foreclosure against Wells Fargo Bank, N. A. and PNC Bank, N. A. In Zhong v. PNC Bank, N. A., 334 Ga. App. 653 (780 SE2d 92) (2015) (Zhong I), we reversed the trial court’s grant of summary judgment to Wells Fargo and PNC on the ground that the trial court based his ruling on an erroneous legal theory — that Zhong could seek as damages only her equity in the property at issue — and we remanded the case to the trial court for further proceedings. On remand, and after further evidence and a hearing, the trial court again granted summary judgment to Wells Fargo and PNC, and Zhong appeals. As detailed below, Wells Fargo is not entitled to summary judgment because the well-pled allegations of Zhong’s complaint — as to which Wells Fargo defaulted — have established its liability and there exist genuine issues of material fact on the amount of damages, which is the only question remaining for resolution. PNC, on the other hand, is entitled to summary judgment on Zhong’s claims for breach of her security deed and negligence based on a breach of its duties under the Real Estate Settlement Procedures Act (RESPA), but it is not entitled to summary judgment on Zhong’s claim for wrongful foreclosure. And although Zhong’s oral agreement with PNC regarding her monthly payment is not enforceable, she has pointed to facts allowing her to pursue a claim for breach of that agreement under the theory of promissory estoppel.We therefore affirm in part and reverse in part the trial court’s judgment.1. Facts and procedural posture.“We review a grant of summary judgment de novo and the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.” Zhong I, 334 Ga. App. at 653 (1) (citation omitted). So viewed, the evidence at the time of Zhong I showed: Zhong purchased the property, a house, in 2004 for $600,000. She first lived in the house and then leased it to tenants. In 2005, PNC bought the loan Zhong used to purchase the property.
For more than six years, Zhong paid her mortgage without incident. On March 31, 2010, PNC paid Zhong’s delinquent 2009 property taxes, more than $11,000. Months later, PNC informed Zhong that she had an escrow shortage of $23,310.98 that had to be paid over 12 months. It established an escrow account and informed her that her monthly payment would be increased to $5,527.06. Zhong’s payment had been $2,731.11. Zhong immediately called PNC to ask for an explanation and was told that PNC would investigate the matter but she should keep making the current payment.
