FAYETTE PROMENADE v. BRANCH BANKING & TR. CO.

No. A02A1358.

574 S.E.2d 319 (2002)

258 Ga. App. 323

FAYETTE PROMENADE, LLC et al. v. BRANCH BANKING & TRUST COMPANY.

Court of Appeals of Georgia.

Reconsideration Denied November 12, 2002.

Certiorari Denied February 24, 2003.


Attorney(s) appearing for the Case

Michael E. Sumner, for appellants.

Smith & Moore, Howell Hollis III, Atlanta, for appellee.


MIKELL, Judge.

On April 7, 1999, Fayette Promenade, LLC executed a security deed in favor of Branch Banking & Trust Company's predecessor in interest conveying an interest in three partially developed tracts of land totaling thirty acres in Fayette County as security for a loan of $5,000,000. Ronald L. Lozoff guaranteed the debt. One 3.15-acre tract of prime frontage was subsequently sold for $1,700,000.

Fayette Promenade then defaulted on the note. Branch...

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