Ameribank, N.A. v. Quattlebaum

I fully concur in Justice Thompson’s dissent. Additionally, the Georgia Court of Appeals erroneously applied a maxim of statutory construction in this case, just as it has in other confirmation cases.3

In its opinion, the court of appeals construes the confirmation statute against the lender because “Georgia’s confirmation statute is in derogation of the common law and must therefore be strictly construed.” This analysis is faulty. At common law, there was no confirmation requirement. If the purchase price paid pursuant to a valid foreclosure sale did not satisfy the secured indebtedness, the…