Appeals Court Rules Against Brock, Cowden On Lawsuit With Capital Mark Bank

Monday, June 30, 2014

The Tennessee Court of Appeals has ruled in favor of Capital Bank in a lawsuit involving Oscar Brock and Frank Cowden III.

Mr. Brock is a current candidate for the District 6 seat on the County School Board. Joe Galloway is seeking re-election. 

Capital Bank had filed a complaint seeking a deficiency judgment against Mr. Brock and Mr.  Cowden, after they defaulted on a loan and following the sale at foreclosure of the property securing the debt.

The Appeals Court said, "After settlement discussions were unsuccessful, Capital Bank moved for summary judgment. It asserted that no genuine issue of material fact exists and that it is entitled to a judgment as a matter of law. Defendants contested the motion but only as to the amount of the deficiency and the issue of whether Capital Bank is entitled to an award of attorney’s fees. As a defense to the deficiency claim, Defendants stated that the property was sold at foreclosure for an amount “materially less” than its fair market value and that Capital Bank’s knowledge of the alleged less-than-market value sales price amounted to fraud, collusion or misconduct.

"The trial court granted Capital Bank’s motion. It was awarded a judgment of $168,798.98 which amount includes 70,628.85 in attorney’s fees. Defendants appeal.  We affirm."


Partnership FCA Announces Thrift Store Grand Opening

Partnership for Families, Children and Adults announced the Grand Opening of a retail store, Partnership FCA Thrift and Consignment. The store opens  Aug. 30  and is located at 301-D Martin Luther King Boulevard. The grand opening will be celebrated with a ribbon cutting and reception at  11 a.m.  on  Tuesday, Aug. 30 . Regular business hours will ... (click for more)

Todd Gaither Receives Certified Long-Term Care Designation

Todd Gaither, a financial advisor with Tandem Financial Partners, of Ameriprise Financial Services, Inc., has been awarded a professional designation in the field of long-term care, Certified in Long-Term Care. The program is independent of the insurance industry and is designed to provide financial service professionals with expertise and tools to address long-term care planning ... (click for more)

Saw Mill Fire In Lookout Valley Causes $185,000 In Damages

A saw mill fire in Lookout Valley on Sunday morning caused $185,000 in damage. At approximately 7:45 a.m. , calls began coming in to Hamilton County 911 about a fire in a saw mill located at 3510 Pan Gap Circle in Lookout Valley. Smoke could be seen from downtown Chattanooga when firefighters from Station One on Main Street began to respond.   ... (click for more)

Michael Wilson Back In Bradley County; Due In Court On Monday

Michael Wilson is back in Bradley County, and was escorted into the Correctional Facility around 8:15 p.m. Wilson’s first appearance in court will be on Monday, at 9 a.m. in the Bradley County General Sessions Courtroom at the Judicial Complex at 2290 Blythe Ave. Wilson was arrested last week, after e ndangered Bradley County child Skyla Wilson was found safe in Colorado ... (click for more)

Pedestrians Have The Right Of Way - And Response (3)

Often I visit Gold's Gym at Chestnut and 4th Street. I  park in the theater parking lot at Broad and 4th Street.  I depend on the walk signs to get me there safely.  Most days I almost get hit by someone turning left or right coming from the exit ramp off 27 or turning right on 4th street from Chestnut. This happened yesterday as I was almost mowed down by a garbage ... (click for more)

Roy Exum: Girls - ‘I Can And I Will’

Every night after the Rodriguez girls went to sleep not that long ago in a grim, rat-infested basement apartment on Chicago’s South Side, their father – a boxing referee who came to America from Puerto Rico -- would kneel beside the girls’ bed and whisper in each child’s ear. Their parents made them sleep hot-dog style, tightly wrapped in the same sheet and pressed together to protect ... (click for more)