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PNC Bank NA v. Tidwell

The trial court erred in finding as a matter of law that the repeated postponement of foreclosure proceedings constituted withdrawal of those proceedings and therefore invoked the requirements of O.C.G.A. § 44-14-85 a, providing for reinstatement of the debt on pre-acceleration terms if foreclosure proceedings are withdrawn.

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In Natl. City Mortg. Co. v. Tidwell, 293 Ga. 697 749 SE2d 730 2013, the Georgia Supreme Court reversed our decision in PNC Bank, N.A. v. Tidwell, 317 Ga. App. 275 728 SE2d 786 2012, in which we dismissed this appeal for lack of standing. The Supreme Court remanded the case for this court to consider the merits of the appeal.

The merits involve the interplay between a contractual provision in a security deed, which requires notice containing certain specified information before foreclosure, and OCGA § 44-14-85, which provides that, when foreclosure proceedings are withdrawn after acceleration, the debt is reinstated on pre-acceleration terms. We hold that the trial court erred by finding that, as a matter of law, there was no distinction between the bank’s cancellation of advertised foreclosure sales and the “withdrawal” contemplated by the statute. Consequently, the trial court erred by granting summary judgment to the plaintiffs on their breach of contract claim against the bank, and we reverse.

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