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DIP Lending I, LLC v. Cleveland Avenue Properties, LLC

Addressing Foreclosure Notice to Third-Party Name At Proper Address Did Not Satisfy Statutory Notice Requirements

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Bethel, Judge.   These appeals arise from the trial court’s partial grant and denial of cross motions for summary judgment in a wrongful foreclosure action between Cleveland Avenue Properties, LLC (hereinafter “Cleveland”) and Dip Lending I, LLC (hereinafter “Dip Lending”). In Case No. A17A1410, Dip Lending contends the trial court erred by finding that Dip Lending (1) failed to comply with the statutory notice provisions of OCGA § 44-14-162.2, and (2) breached its duty to provide Cleveland notice of the foreclosure sale. Dip Lending further contends the trial court erred when applying the standard for the defense of equitable estoppel. In Case No. A17A1411, Cleveland argues the trial court erred by finding Cleveland was not entitled to the equitable remedy of setting aside the foreclosure sale of its two properties because it had not tendered the amounts due on the note. For the reasons explained, we affirm.Summary judgments enjoy no presumption of correctness on appeal, and an appellate court must satisfy itself de novo that the requirements of OCGA § 9-11-56 (c) have been met. In our de novo review of the grant or denial of a motion for summary judgment, we must view the evidence, and all reasonable inferences drawn therefrom, in the light most favorable to the nonmovant.

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