VEATCH v. AURORA LOAN SERVICES, LLC Et Al.
331 Ga. App. 597
Ga. Ct. App.2015Background
- Raymond W. Veatch Jr. owned property; after his death two forged deeds (one from a deceased grantor and one dated while he was incapacitated) were recorded conveying title to Antonio Simpson, then to Darryl Matthews. Matthews took a loan secured by a security deed for $187,500, later assigned to Aurora.
- Veatch (administrator for the estate) discovered the forgeries, filed an affidavit in the land records, and sued to quiet title; he recorded a lis pendens.
- While the quiet-title litigation was pending, Aurora (with McCalla Raymer drafting) recorded an assignment of the security deed to Aurora on April 9, 2009.
- The trial court found the forged deeds were nullities and quieted title in the estate; the Georgia Supreme Court affirmed on March 18, 2011.
- After the Supreme Court decision, Veatch sold the property for $18,000 and then sued Aurora and McCalla for slander of title, interference with property rights, punitive damages, and attorney fees, alleging the recorded assignment prevented the estate from conveying clear title between April 9, 2009 and March 18, 2011.
- The trial court granted summary judgment for defendants; Veatch appealed, challenging only the slander-of-title ruling and derivative damages claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Slander of title — special damages | Veatch: recording the Aurora assignment and maintaining the encumbrance prevented sale/clear title from 2009–2011, causing loss in property value (pointing to sale at $18,000 in 2011) | Defendants: Veatch has no evidence quantifying special damages during the accrual period (April 9, 2009–March 18, 2011); general assertions and litigation costs are insufficient | Court: Affirmed summary judgment — plaintiff failed to plead/prove special damages with particularity for the relevant period, so claim fails |
| Punitive damages and attorney fees (derivative) | Veatch: seeks punitive damages and fees flowing from slander-of-title claim | Defendants: derivative claims collapse if underlying slander claim fails; no separate basis for punitive or fee awards | Court: Affirmed summary judgment — derivative claims fail because slander-of-title claim lacks proof of special damages |
Key Cases Cited
- Aurora Loan Svcs. v. Veatch, 288 Ga. 808 (Ga. 2011) (affirming trial court that forged deed is a nullity and quieting title in the estate)
- Latson v. Boaz, 278 Ga. 113 (Ga. 2004) (elements required for slander of title action)
- Giles v. Swimmer, 290 Ga. 650 (Ga. 2012) (affirming summary judgment where plaintiff failed to present proof of special damages in slander-of-title claim)
- Sanders v. Brown, 257 Ga. App. 566 (Ga. Ct. App. 2002) (special damages in slander of title must be pled and proven with particularity)
- Harmon v. Cunard, 190 Ga. App. 19 (Ga. Ct. App. 1989) (expenses of litigation and nonspecific claims of inability to sell insufficient to prove special damages)