PNC Bank, National Ass'n v. Smith

I join the Court’s opinion in full, as it properly applies current Georgia law in answering the two questions presented. But I write to express concern about an issue lurking in today’s decision.

As the Court explains, our opinion in First Nat. Bank & Trust Co. v. Kunes, 230 Ga. 888 (199 SE2d 776) (1973), equated guarantors of loans secured by real estate with borrowers and their sureties under Georgia’s 1935 foreclosure confirmation statute, which is now codified as OCGA §§ 44-14-161 and 44-14-162. That holding was a reasonable interpretation of the 1935 act, and in any event it is a…