PNC Bank, National Association v. Smith
Annotate this CaseThe United States District Court for the Northern District of Georgia certified two questions of Georgia law to the Georgia Supreme Court. Both questions involved interpretation of the foreclosure confirmation statute, OCGA 44-14-161: (1) whether a lender's compliance with the statute's requirements a condition precedent to the lender's ability to pursue a borrower and/or guarantor for a deficiency after a foreclosure has been conducted; and (2) if so, can borrowers or guarantors waive the condition precedent requirement of such statute by virtue of waiver clauses in the loan documents? The Supreme Court answered both questions with regard to guarantors in the affirmative.
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