Tucker

INTRODUCTION

This is a lawsuit over $1.16 ($7.71 with interest), the amount the undisputed admissible evidence showed was the possible discrepancy in the principal balance due on a loan by the predecessor to PNC Bank, N.A to Zula Tucker, Fred Tucker’s mother. In 2015 Fred Tucker (Tucker), individually and as trustee of the Zula Tucker Living Trust, filed this action for breach of contract against PNC. Tucker alleged PNC wrongfully initiated foreclosure proceedings after overcharging Zula Tucker and the trust on the promissory note. The trial court granted PNC’s motion for summary judgment. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Tucker, Successor in Interest to the Borrower, Defaults on a Promissory Note In 1988 Tucker’s mother, Zula Tucker, signed a $375,000 promissory note secured by a deed of trust on property in Palos Verdes Estates, payable to the Florida Group, Inc. The interest rate on the note was adjustable, starting at 8.375 percent and adjusting annually, but never exceeding 14.375 percent. In December 1989 Merchants Mortgage Corporation, the new owner of the loan, sent Zula Tucker a year-end statement of mortgage account stating the balance on the loan…