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Real Property

Real Property – Commercial Mortgages – Guarantors – Foreclosure – Civil Practice – Notice (access required)

HomeTrust Bank v. Green When the plaintiff-bank foreclosed on a company’s deeds of trust, it served notice of the foreclosure hearings on the company in care of defendant Richard Green, who was the company’s registered agent and a guarantor of the company’s debt to the bank; therefore, Mr. Green had actual notice of the foreclosure proceedings.

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Real Property – Foreclosure – Civil Practice – Summary Judgment – Commercial Property – Deficiency Judgment – Amount (access required)

Greer State Bank v. Evans Where defendant’s answer admitted that the plaintiff-bank sought a deficiency judgment in the amount calculated by the bank at $198,566.56, but where the answer otherwise denied the allegations of the bank’s complaint, there is a genuine issue of material fact as to the amount due on defendant’s debt.

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