Weissinger v. First Federal Savings & Loan Ass'n of Warner Robins

In this case, we must decide whether under Georgia law a counterclaim, alleging misrepresentation in the inducement of a conveyance of real estate, is permissive or compulsory in a deficiency action after a foreclosure, where the grantor/guarantor was led to believe that the grantee/creditor would not foreclose if the conveyance was made. We hold that such a counterclaim is compulsory under Georgia law, and we affirm the judgment of the Lee County Circuit Court.

The facts, as agreed upon by the parties for purposes of this appeal, are as follows:

In July 1983, CPIT, Inc., a Georgia corporation,…