Deljoo v. SunTrust Mortgage, Inc.

671 S.E.2d 234 (2008)

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Deljoo v. SunTrust Mortgage, Inc.

Georgia Court of Appeals
671 S.E.2d 234 (2008)

Facts

In December 2000, Shakrookh Deljoo (plaintiff) received a security deed from S & F Construction, Inc. (S&F) regarding certain lots of real property. The security deed appeared to contain the signature of Sohrab Moghadam, who was S&F’s president. However, the signature line did not indicate the corporate title of the person signing the security deed. Further, no other corporate officer signed the security deed, and the accompanying corporate seal was illegible. Additionally, the security deed stated incorrect lot numbers. In August 2001, Vanguard Builders and Developers, LLC (Vanguard) purchased one of the lots from S&F. A few years later, Doris Milton (defendant) financed the purchase of the lot from Vanguard through SunTrust Mortgage, Inc. (SunTrust) (defendant). Considering the incorrect lot numbers on Deljoo’s security deed, a title search did not reveal Deljoo’s interest in the lot. Accordingly, litigation ensued, including a claim by SunTrust seeking to cancel Deljoo’s security deed or to otherwise quiet title to the property. Deljoo moved for summary judgment. In response, SunTrust and Milton pointed to the problems with the signature on the security deed and presented evidence that S&F’s corporate practice was for Moghadam to sign documents with his title indicated. The trial court found that a genuine issue of material fact existed as to whether the security deed was properly executed and denied Deljoo’s motion. Deljoo appealed.

Rule of Law

Issue

Holding and Reasoning (Ruffin, J.)

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