Providence Crossings, LLC v. SC Realty Capital, L.P., SC Capital, LLC, and Smith Realty Interests, L.P. - Concurring

I write this concurring opinion because I find it very difficult to believe that the contractual rights at issue were not foreclosed upon and, thus, passed to the bank as a result of the foreclosure, in which event Defendants would be entitled to summary judgment as a matter of law as the trial court found. However, as the majority correctly notes, there may be a small crack in the evidentiary chain that pertains to material facts at issue. I am not fully convinced there is a deficiency, but for purposes of summary judgment the court must be convinced that material facts are not in dispute.