Lenders Rejoice: Foreclosure Confirmation Statute May Be Waived by Guarantor
Atlanta associate Matt Brooks had his article – “Lenders Rejoice: Foreclosure Confirmation Statute May Be Waived by Guarantor”– featured as the cover article in the June 2014 issue of the Georgia Bar Journal.
The piece discusses a recent, controversial Court of Appeals of Georgia opinion holding that, on the basis of waiver language in a personal guaranty, the failure of the mortgage lender to first obtain confirmation of a foreclosure sale did not bar an action against the guarantor for a deficiency judgment.