Legal Opinion · Dissent

Williams v. South Central Farm Credit, ACA

Court of Appeals of Georgia

Decided November 29, 1994No. A94A1679Published

1DissentMcMurray, Presiding Judge

“The foreclosing party is not a guarantor or insurer of satisfactory results for a defaulting debtor as to market price. Kennedy v. Gwinnett Commercial Bank, 155 Ga. App. 327, 331 (270 SE2d 867). Its obligation is to sell according to the terms of the security instrument, in good faith, in compliance with the statutory requirements, *744and to obtain the highest amount possible by such a sale. Id.” Shingler v. Coastal Plain Prod. Credit Assn., 180 Ga. App. 539, 543 (4) (349 SE2d 785). Breach of this duty is a tort compensable at law. Clark v. West, 196 Ga. App. 456, 457 (395 SE2d 884).

In the case…

2Cases cited13 opinions

  1. Kennedy v. Gwinnett Commercial BankCourt of Appeals of Georgia · 1980
  2. Wardlaw v. WoodruffSupreme Court of Georgia · 1932
  3. Clark v. WestCourt of Appeals of Georgia · 1990
  4. Classic Enterprises, Inc. v. Continental Mortgage InvestorsCourt of Appeals of Georgia · 1975
  5. Marett Properties, L. P. v. Centerbank Mortgage Co.Court of Appeals of Georgia · 1992

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