Muriel Montia v. First-Citizens Bank & Trust CompanyMuriel Montia v. First-Citizens Bank & Trust Company
Developers exhausted their administrative remedies by appealing the Planning Director‘s LDP denial to the ZBA and to the superior court. The superior court erred by ruling otherwise.
Judgment reversed. Miller, P. J., and Reese, J., concur.
DECIDED JUNE 20, 2017
Bruce M. Edenfield; Wilson Brock & Irby, Kyler L. Wise, Stephan Rothman, for appellants.
Carothers & Mitchell, Richard A. Carothers, Thomas M. Mitchell; Pursley Friese Torgrimson, G. Douglas Dillard, Jillian S. Arnold, Angela D. Robinson; Smith & Liss, Ray S. Smith III, for appellees.
A17A0509. MONTIA v. FIRST-CITIZENS BANK & TRUST COMPANY et al. (801 SE2d 907)
In this quiet title action, petitioner Muriel Montia appeals from two orders: the trial court‘s grant of a motion to dismiss for failure to state a claim filed by respondents Ocwen Loan Servicing, LLC (“Ocwen“), and HSBC Bank USA National Association as Trustee for Ace Securities Corp. Home Equity Loan Trust Series 2003-OP1 (“HSBC“), and the trial court‘s grant of a motion for judgment on the pleadings and for summary judgment filed by respondent First-Citizens Bank & Trust Company (“First-Citizens“). In several enumerations, Montia argues that the trial court erred in granting these motions rather than submitting the case to a special master. We find, however, that the trial court was authorized to dismiss the petition for failure to state a claim and to grant judgment on the pleadings without submitting the case to a special master, so we affirm. Given this disposition, the issue of summary judgment is moot. White v. Lumpkin, 272 Ga. 398 (529 SE2d 879) (2000).
This action involves real property acquired by Montia in 2003. The property is subject to two recorded deeds to secure debt. One deed to secure debt is in favor of an entity that later assigned the deed to HSBC. HSBC used Ocwen, a loan servicing company, to try to collect that debt from Montia. The second deed to secure debt is in favor of an entity that later went into receivership; its receiver subsequently assigned the deed to Capitol City Bank & Trust, a division of and assumed name used by First-Citizens. Montia filed a petition to quiet title against all the world under
Montia herself arranged for service of process upon the respondents, although generally the Quiet Title Act requires that service be made by a special master.
the party moving for judgment on the pleadings does not introduce affidavits,1 depositions, or interrogatories in support of his motion, such motion is the equivalent of a motion to dismiss the complaint for failure to state a claim upon which relief can be granted. The motion to dismiss should not be granted unless the averments in the complaint disclose with certainty that the plaintiff would not be entitled to relief under any state of facts which could be proved in support of his [or her] claim.
Cox v. Turner, 268 Ga. App. 305 (1) (601 SE2d 728) (2004) (citation and punctuation omitted). When ruling on a motion to dismiss for failure to state a claim or a motion for judgment on the pleadings, a trial court may consider exhibits attached to and incorporated into the complaint and answer. See
Documents referenced in and attached to the petition and answers in this case show that Montia was the grantor of two deeds to secure debt on the property. In her petition, Montia asserted that she held title to the property by virtue of a recorded warranty deed that she attached to her petition. But she also acknowledged the existence of the recorded security deed in favor of HSBC‘s predecessor and attached to her petition a copy of the assignment of that deed to HSBC; and HSBC attached a copy of that security deed to its answer. And although, in her petition, Montia did not mention the recorded security deed that later was assigned to First-Citizens, she acknowledged and attached to her petition a copy of that assignment, and First-Citizens attached a copy of that security deed to its answer.
A grantor of a deed to secure debt who has not paid the debt has no legal title to the property at issue. See McCarter v. Bankers Trust Co., 247 Ga. App. 129, 132 (2) (543 SE2d 755) (2000).
A deed to secure debt passes legal title to the lender when the deed to secure debt is created, and the owner has a mere equity of redemption and right of possession of the realty until the secured debt has been satisfied in full. . . . [A]s a matter of law, title does not pass back to the grantor in the absence of full payment of the debt.
Patel v. J. P. Morgan Chase Bank, N.A., 327 Ga. App. 321, 323 (1) (757 SE2d 460) (2014) (citations and punctuation omitted). A person whose property is subject to a deed to secure debt cannot prevail in a quiet title action unless she has satisfied the debt. See Taylor, Bean & Whitaker Mtg. Corp. v. Brown, 276 Ga. 848, 850 (2) (583 SE2d 844) (2003).
Consequently, the documents attached to the complaint and answer reflect that Montia did not have legal title to the property. And Montia did not assert in her petition that she had satisfied the debts on her property memorialized by the deeds to secure debt. Instead, she merely and summarily asserted that she had legal title to the property and the respondents did not. Her statements to this effect were not well-pleaded facts but legal conclusions. “The trial court was not required to accept [Montia‘s] legal conclusions in consideration of the motion for judgment on the pleadings [and the motion to dismiss] where there were no specifically pled facts to support the conclusions.” Novare Group v. Sarif, 290 Ga. 186, 191 (4) (718 SE2d 304) (2011). Because Montia‘s petition did not comply with the requirements of
Given this determination, we are not persuaded by Montia‘s argument that the trial court should have submitted the case to a special master. See generally
Judgment affirmed. Branch and Bethel, JJ., concur.
DECIDED JUNE 20, 2017.
Muriel B. Montia, pro se.
Stokes Carmichael & Ernst, Marion B. Stokes; Locke Lord, Elizabeth J. Campbell, Aaron A. Wagner, for appellees.