Legal Opinion
York v. RES-GA LJY, LLC
Supreme Court of Georgia
Decided April 17, 2017No. S16G1245PublishedCited by 8 opinions
1Opinion of the Court
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 actions against guarantors. We conclude that Jim L. York and John A.…
2Cases cited17 opinions
- Simmons v. StateSupreme Court of Georgia · 2003
- Bank Mutual v. S.J. Boyer Construction, Inc.Wisconsin Supreme Court · 2010
- Center for a Sustainable Coast v. Coastal Marshlands Protection CommitteeSupreme Court of Georgia · 2008
- Cathay Bank v. LeeCalifornia Court of Appeal · 1993
- HWA Properties, Inc. v. Community & Southern BankCourt of Appeals of Georgia · 2013
12 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ace American Insurance Company v. The Wattles CompanyCourt of Appeals for the Eleventh Circuit · 2019
- Inquiry Concerning Judge Robert M. CrawfordSupreme Court of Georgia · 2020
- Colonial Oil Indus., Inc. v. Lynchar, Inc.Supreme Court of Georgia · 2018
- Colonial Oil Industries, Inc. v. Lynchar, IncSupreme Court of Georgia · 2018
- ERNEST A. THOMPSON v. APEX BANK F/K/A BANK OF CAMDENCourt of Appeals of Georgia · 2019
3 more not listed; retrieve them via the Exa API.