Legal Opinion
PNC Bank, National Ass'n v. Smith
Supreme Court of Georgia
Decided April 4, 2016No. S15Q1445PublishedCited by 14 opinions
1Opinion of the Court
Melton, Justice.
In this case regarding the requirements of Georgia’s foreclosure confirmation statute, OCGA § 44-14-161,1 the United States District Court for the Northern District of Georgia has certified two questions: (1) Is a lender’s compliance with the requirements contained in OCGA § 44-14-161 a condition precedent to the lender’s ability to pursue a borrower and/or guarantor for a deficiency after a foreclosure has been conducted? (2) If so, can borrowers or guarantors waive the condition precedent requirement of such statute by virtue of waiver clauses in the loan documents? For the…
2Cases cited10 opinions
- Chambers v. StateSupreme Court of Georgia · 1992
- First National Bank & Trust Co. v. KunesSupreme Court of Georgia · 1973
- HWA Properties, Inc. v. Community & Southern BankCourt of Appeals of Georgia · 2013
- Villanueva v. First American Title InsuranceSupreme Court of Georgia · 2013
- Baby Days, Inc. v. Bank of AdairsvilleCourt of Appeals of Georgia · 1995
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Grange Mutual Casualty Co. v. WoodardSupreme Court of Georgia · 2017
- York v. RES-GA LJY, LLCSupreme Court of Georgia · 2017
- Vance v. FD 2011-C1 Grove Road Ltd. PartnershipCourt of Appeals of Georgia · 2016
- Nine Twenty, LLC v. Bank of the OzarksCourt of Appeals of Georgia · 2016
- ERNEST A. THOMPSON v. APEX BANK F/K/A BANK OF CAMDENCourt of Appeals of Georgia · 2019
9 more not listed; retrieve them via the Exa API.