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Summary Judgment for Real Estate Brokerage and Agent in Stephens County Superior Court

June 11, 2014

Billy Newcomb were retained to represent a well-known real estate brokerage in North Georgia and one of its agents against a lawsuit filed against them by the former owner of almost 60 acres of farmland. The plaintiff claimed that the brokers converted farm equipment and other personal property worth around $100,000, trespassed on his land, wrongfully interfered with his property, and tortiously interfered with a lease agreement when the brokers secured the real estate and prepared it for resale following the lender’s foreclosure. In their Motion for Summary Judgment, Billy argued that the lender had a non-delegable duty to initiate dispossessory procedures, and the brokers were therefore not required to obtain a writ of possession prior to performing their post-foreclosure duties to the lender. Billy also argued that their contract with the lender and Georgia law allowed them to lawfully enter and secure the property, and even if they did wrongfully enter the premises, their actions were protected by the innocent trespasser rule because they were taken in good faith.

The same day it heard oral argument, the trial court entered an order granting the brokers’ Motion for Summary Judgment in its entirety and dismissing all of the plaintiff’s claims against them.

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