Clements v. Fleet Finance, Inc.

I concur in the majority’s affirmance of the grant of summary judgment in favor of appellee-plaintiff. However, my analysis of the instant case differs somewhat from that advanced by the majority. Accordingly, I must concur specially.

OCGA § 44-14-161 (a) provides, in relevant part, as follows: “When any real estate is sold on foreclosure, without legal process, and under powers contained in security deeds . . . and at the sale the real estate does not bring the amount of the debt secured by the deed ... , no action may be taken to obtain a deficiency judgment *739unless the person instituting the…