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TAMPA INV. v. BRANCH BANKING AND TRUST

Nos. S11G1728, S11G1729.

723 S.E.2d 674 (2012)

290 Ga. 724

TAMPA INVESTMENT GROUP, INC. et al. v. BRANCH BANKING AND TRUST COMPANY, INC. Legacy Communities Group, Inc. et al. v. Branch Banking and Trust Company, Inc.

Supreme Court of Georgia.

March 19, 2012.

Attorney(s) appearing for the Case

Chilivis, Cochran, Larkins & Bever, John K. Larkins, Jr., John Durand Dalbey, Fellows LaBriola LLP, Eugenia Wooten Iredale, Steven Marc Krushner, for appellant.

Jennifer Brown Moore, Mark G. Trigg, Lee Bennett Hart, Greenberg Traurig, LLP, for appellee.

CARLEY, Presiding Justice.

From 2005 to 2008, Branch Banking & Trust Company (BB & T) and its predecessors made 16 loans for residential housing development to two companies (Borrowers) which executed promissory notes and deeds to secure debt. The notes were guaranteed by various other companies (Guarantors) which, along with Borrowers, were all controlled by the same individuals. After default on the notes, BB & T gave Borrowers notice of foreclosure...

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