Nine Twenty, LLC v. Bank of the Ozarks

McFadden, Judge.

This appeal concerns the liability of Donald and Evelyn Ray on their guaranties of certain notes. The Rays argue that the action is barred because the lender failed to seek confirmation of the foreclosure sales of the property securing the notes. But when they executed those guaranties, the Rays waived this condition precedent. The Rays also argue that the amount of the judgment against them is incorrect. We disagree. We therefore affirm the trial court’s grant of summary judgment to the appellee, Bank of the Ozarks. We deny Bank of the Ozarks’ motion to dismiss the appeal as…