Giles v. Swimmer
290 Ga. 650
| Ga. | 2012Background
- December 1988, Folds executed a promissory note to Swimmer for $128,000 secured by two security deeds (two four-acre tracts and a one-acre tract).
- February 1991 security deeds were recorded; March 1991 corrections recited Inter-American as pledging entity.
- March 1997 Swimmer assigned the note and deeds to Gwinnett National Bank (GNB) to secure a master note; February 1999 Folds used the one-acre tract to secure a Sunshine Mortgage; June 1999 quitclaim and security deed records reflect a release from GNB to Folds/Inter-American, but the 1999 quitclaim lacked a property description.
- November 2001 BB&T becomes successor to GNB; 2005 Satisfaction of Mortgage indicates Sunshine Mortgage paid, but references the 1999 quitclaim rather than the related security deed.
- November-December 2005 seven acres (from the two four-acre tracts) are transferred to Holcomb and McClure; December 2005 clerk stamps the Swimmer-Folds security deed as satisfied; 2006 seven acres transfer to Giles/Stroud/Taylor; 2006 subdivision and conveyances to intervenors/plaintiffs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| BB&T’s title interest at summary judgment | BB&T had title or interest in land at issue. | No title or interest in land at the time of motion. | No genuine issue; BB&T had no title/interest at summary judgment. |
| Slander of title with Affidavit/Termination | BB&T’s Affidavit/Termination falsely intimated termination of collateral. | Documents not proven false or malicious; damages lacking. | Slander of title claim failed for lack of proof of special damages. |
Key Cases Cited
- Campbell v. The Landings Assn., Inc., 289 Ga. 617 (Ga. 2011) (de novo review governs summary-judgment appeal)
- Latson v. Boaz, 278 Ga. 113 (2004) (slander of title requires proof of damages and falsity/malice)
- Lau’s Corp. v. Haskins, 261 Ga. 491 (1991) (evidence of special damages must be specific)
- Harmon v. Cunard, 190 Ga. App. 19 (1989) (insufficient proof of special damages where figures lacking)
