In re McDaniel (Ch. 13 Case No. 12-41231, Adv. No. 13-04013)

The matter came before the Court on Motions for Summary Judgment (the “Motion”) filed by defendants McCalla Raymer, LLC (“McCalla”), SunTrust Bank and SunTrust Mortgage, Inc. (collectively “SunTrust”). The Complaint sought recovery for damages stemming from a botched 2010 foreclosure sale. After hearing oral argument on the motions the Court decided to grant the Defendants’ Motions as to: Count 3 – Judicial Estoppel; Count 4 – Equitable Subordination; Count 6 – Violation of Automatic Stay; Count 7(A)(3) – Fraud; Count 7(B) – Violation of Fair Debt Collections Practices Act; and Count 8 – Conversion. The Court denied Defendants’ Motions as to: Count 7(A)(1) – Wrongful foreclosure; Count 7(A)(2) – Tortious interference with property rights; and Count 9 – State law attorney fees under O.C.G.A. § 13-6-11.

Friday, December 19, 2014