Capmark Bank v. Rgr, 1100318 (Ala. 9-30-2011)

Summary

The court reversed the preliminary injunction barring foreclosure because RGR failed to show a reasonable likelihood of success on its breach-of-contract claims. The alleged cash-flow-funding agreement was indefinite, contradicted the integrated loan documents, and was not an enforceable collateral agreement; the alleged permanent-financing promise was likewise contradicted by the written agreement. Because those alleged breaches could not establish inequitable conduct, RGR also failed to show unclean hands preventing foreclosure, and the case was remanded.