Nine Twenty, LLC et al.. v. Bank Of The Ozarks

Automated case summary

What the court decided

The Georgia Court of Appeals held that because the guarantors waived the condition precedent requiring confirmation of foreclosure sales, the bank was authorized to pursue a deficiency judgment against them. The Georgia Court of Appeals affirmed the trial court's grant of summary judgment, ruling that the guarantors could not assert defenses related to the lack of confirmation or the calculation of damages based on fair market value.