General Motors Acceptance Corp. v. Newton

5 Citing cases

  1. PNC Bank, National Ass'n v. Smith

    298 Ga. 818 (Ga. 2016)   Cited 2 times

    It follows that the trial court did not err in granting summary judgment to [the lender] on its suit against [the *822 guarantor] as a personal guarantor of the note. Id.; see also Gen. Motors Acceptance Corp. v. Newton, 213 Ga. App. 405 , 406-407 (444 SE2d 805 ) (1994) (The failure to confirm a nonjudicial foreclosure sale pursuant to a security deed does not prevent a creditor from seeking to enforce a contractual right to recover against additional security on the debt.); Worth v. First Nat. Bank, 175 Ga. App. 297 , 297-298 (1) (333 SE2d 173 ) (1985) (accord). (Footnote omitted.)

  2. PNC Bank v. Smith

    S15Q1445 (Ga. Feb. 22, 2016)

    See Baby Days v. Bank of Adairsville, 218 Ga. App. [752, 755 (3) (463 SE2d 171) (1995)]. It follows that the trial court did not err in granting summary judgment to [the lender] on its suit against [the guarantor] as a personal guarantor of the note. Id.; see also Gen. Motors Acceptance Corp. v. Newton, 213 Ga. App. 405, 406-407 (444 SE2d 805) (1994) (The failure to confirm a nonjudicial foreclosure sale pursuant to a security deed does not prevent a creditor from seeking to enforce a contractual right to recover against additional security on the debt.); Worth v. First Nat. Bank, 175 Ga. App. 297, 297-298 (1) (333 SE2d 173) (1985) (accord).

  3. Cmty. & Southern Bank v. DCB Invs., LLC

    A14A0717 (Ga. Ct. App. Jul. 11, 2014)

    Accordingly, the trial court erred in granting the defendants' motion for summary judgment and in denying CSB's motion as to this specific issue. HWA Props., Inc., 322 Ga. App. at 888-89 (2) (b); see also Gen. Motors Acceptance Corp. v. Newton, 213 Ga. App. 405, 406-07 (444 SE2d 805) (1994) (holding that the failure to confirm a nonjudicial foreclosure sale pursuant to a security deed does not prevent a creditor from seeking to enforce a contractual right to recover against additional security on the debt). --------

  4. Cmty. & S. Bank v. DCB Invs., LLC

    328 Ga. App. 605 (Ga. Ct. App. 2014)   Cited 16 times   4 Legal Analyses
    Holding that the confirmation requirement was waived by terms indistinguishable from the terms of the waiver provision in Defendants' guaranties

    Accordingly, the trial court erred in granting the defendants' motion for summary judgment and in denying CSB's motion as to this specific issue. HWA Props., Inc., 322 Ga.App. at 887–888(2)(b), 746 S.E.2d 609;see also Gen. Motors Acceptance Corp. v. Newton, 213 Ga.App. 405, 406–07, 444 S.E.2d 805 (1994) (holding that the failure to confirm a nonjudicial foreclosure sale pursuant to a security deed does not prevent a creditor from seeking to enforce a contractual right to recover against additional security on the debt).Judgment affirmed in part and reversed in part.

  5. Hwa Props., Inc. v. Cmty.

    322 Ga. App. 877 (Ga. Ct. App. 2013)   Cited 29 times   11 Legal Analyses
    Holding that waiver allowed deficiency judgment against guarantor notwithstanding creditor’s failure to obtain a valid confirmation

    Consequently, given these provisions, we conclude that CSB's failure to obtain a valid confirmation of the foreclosure sale, pursuant to OCGA § 44–14–161, does not impair its authority to collect the difference between the amount due on the note and the foreclosure sale proceeds from Albright based upon his personal guaranty. See Baby Days v. Bank of Adairsville, 218 Ga.App. at 755(3), 463 S.E.2d 171. It follows that the trial court did not err in granting summary judgment to CSB on its suit against Albright as a personal guarantor of the note.Id.; see also Gen. Motors Acceptance Corp. v. Newton, 213 Ga.App. 405, 406–407, 444 S.E.2d 805 (1994) (The failure to confirm a nonjudicial foreclosure sale pursuant to a security deed does not prevent a creditor from seeking to enforce a contractual right to recover against additional security on the debt.); Worth v. First Nat. Bank, 175 Ga.App. 297, 297–298(1), 333 S.E.2d 173 (1985) (accord).