YORK v. RES-GA LJY, LLC

S16G1245.

799 S.E.2d 235 (2017)

YORK et al. v. RES-GA LJY, LLC.

Supreme Court of Georgia.

Decided: April 17, 2017.


Attorney(s) appearing for the Case

Elizabeth L. Clack-Freeman , Robert Matthew Reeves , Thomas T. Tate , Graham Keith Brantley , Jonathan Stephens Tonge , Andersen, Tate & Carr, P.C., One Sugarloaf Centre, 1960 Satellite Blvd., Suite 4000, Duluth, Georgia 30097, for Appellant.

Chelsea Lynne Dennis , HARTMAN SIMONS & WOOD LLP, 6400 Powers Ferry Road NW, Suite 2400, Atlanta, Georgia 30339, Jill Allison Deutchman , DEUTCHMAN LAW, LLC, 5 Concourse Parkway, Suite 3200, Atlanta, Georgia 30328, Lisa McVicker Wolgast , Frank William Deborde , MORRIS, MANNING & MARTIN, LLP, 1600 Atlanta Financial Center, 3343 Peachtree Road, N.E., Atlanta, Georgia 30326-1763, for Appellee.


Last year, we held that compliance with OCGA § 44-14-161, Georgia's confirmation statute, "is a condition precedent to the lender's ability to pursue a guarantor for a deficiency after foreclosure has been conducted, but a guarantor retains the contractual ability to waive the condition precedent requirement."

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