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HWA Props. Inc. v. Community & S. Bank

The bank was not entitled to a deficiency judgment on the note as it failed to comply with the confirmation requirements of O.C.G.A. § 44-14-161.

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HWA Properties, Inc. “HWA” and Harry Albright collectively, “the appellants” appeal from an order of the Superior Court of Fulton County granting summary judgment to Community & Southern Bank “CSB” and awarding the bank a judgment on its suit to collect on a note and a guaranty. The appellants contend that the trial court erred in ruling in favor of CSB, arguing that CSB failed to prove that it was entitled to enforce the note or the guaranty. They also assert that the court erred in awarding CSB a “deficiency judgment” for the difference between the amount due on the note and the proceeds of the nonjudicial foreclosure sale of certain collateral, arguing that this Court recently reversed a separate order confirming the foreclosure sale. For the following reasons, we affirm the court’s order as to Albright’s liability on his unconditional personal guaranty of the note, but reverse as to HWA’s liability for a deficiency judgment on the note.

“Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. We review the grant of summary judgment de novo, construing the evidence in favor of the nonmovant.” Citations and punctuation omitted. White v. Ga. Power Co., 265 Ga. App. 664, 664-665 595 SE2d 353 2004.

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