York v. Res-Ga Ljy, LLC

300 Ga. 869

FINAL COPY S16G1245. YORK et al. v. RES-GA LJY, LLC. PETERSON, Justice. Last year, we held that compliance with OCGA § 44-14-161, Georgia’s confirmation statute, “is a condition precedent to the lender’s ability to pursue a guarantor for a deficiency after a foreclosure has been conducted, but a guarantor retains the contractual ability to waive the condition precedent requirement.” PNC Bank, Nat’l Ass’n v. Smith, 298 Ga. 818, 824(3) (b) ( 785 SE2d 505) (2016). We granted certiorari in this case to consider additional questions regarding creditors’ ability to pursue deficiency…