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SURETY MANAGERS, INC. v. STANFORD

No. 80-7281. Summary Calendar.

633 F.2d 709 (1980)

SURETY MANAGERS, INC., Plaintiff-Appellant, v. M. Leon STANFORD, Jr., Rebekah Lynn Stanford and M. Leon Stanford, Sr., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B.

Rehearing Denied February 27, 1981.

Attorney(s) appearing for the Case

England & Weller, John Melvin England, Atlanta, Ga., for plaintiff-appellant.

Hopkins & Gresham, H. Lowell Hopkins, Patrick J. McKenna, Atlanta, Ga., for defendants-appellees.

Before HILL, FAY and ANDERSON, Circuit Judges.

JAMES C. HILL, Circuit Judge:

Georgia Code § 67-1503 proscribes any action to obtain a deficiency judgment when a foreclosure of real estate fails to yield the full amount of the debt, unless the foreclosing party obtains approval and confirmation of the sale.1 Confusion may arise, as it has here, when two pieces of real estate are claimed as security for a single agreement. Both properties were foreclosed but only one of the foreclosures...

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