Gray v. Cousins Mortgage & Equity Investments

Deen, Presiding Judge.

This is an appeal from the grant of a partial summary judgment against the appellant, a guarantor on a note given by the principal, Holcomb Bridge Road Corp., to the appellee and secured by a deed to secure debt to certain property purchased with the proceeds of the note. The only question is whether, construing the guaranty contract, note, and deed to secure debt together, an action may be brought against Gray on default for the balance due, or whether the lender’s only remedy is to first foreclose the loan deed, sell the property, and then proceed against Gray for a…