Leone v. GREEN TREE SERVICING, LLC
311 Ga. App. 702
| Ga. Ct. App. | 2011Background
- Leone sued Green Tree for wrongful foreclosure after default on a mobile-home loan.
- Security interests chain: Sinclair Oconee → Belgravia → Dynex → Origen Financial; Dynex later renamed Origen.
- Green Tree began servicing in 2008; Leone defaulted July 2008 and received a notice of default Sept 2, 2008.
- State court case sought to compel rent payments into court; related appellate case A11A1599 pending.
- Leone, pro se, appeals after the trial court granted Green Tree summary judgment that no foreclosure occurred.
- Court imposed a $1,000 frivolous-appeal sanction under Rule 15(b).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper given no material facts in dispute | Leone asserts wrongful foreclosure precludes Green Tree | Green Tree shows no genuine issue of material fact | Granted in Green Tree's favor |
| Whether Leone had a right to jury trial | Leone demanded jury trial | No material facts; no entitlement to jury trial | No right to jury trial; affirmed on summary judgment |
| Whether the Eizenga affidavit should have been struck | Affidavit hearsay; original-docs issue | No ruling obtained; issue waived | Waived due to failure to obtain ruling |
| Whether mobile home is real estate and whether assignments were proven | Mobile home is real estate; assignments unsure | Record shows proper security interest chain; assignments proven | Summary judgment proper; arguments lacking citation |
| Sanction for frivolous appeal | Appeal not frivolous | Frivolous conduct present | $1,000 sanction upheld |
Key Cases Cited
- Azam v. RPR Holdings, Inc., 309 Ga.App. 469-470 (Ga. App. 2011) (record-based review; pro se standard cited)
- Hallisy v. Snyder, 219 Ga.App. 128 (Ga. App. 1995) (support for evidentiary/record requirements)
- Sirdah v. North Springs Assoc., 304 Ga.App. 348 (Ga. App. 2010) (requirement to support enumerations with record citations)
- Sharp v. Greer, Klosik & Daugherty, 256 Ga.App. 370 (Ga. App. 2002) (standard of review for appellate arguments)
- Smith v. Stacey, 281 Ga. 601 (Ga. 2007) (substantive/procedural burden on appellants)