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3 W. Invs. LLC v. Hamilton State Bank

The confirmation requirement of O.C.G.A. § 44-14-161a did not apply in this case because the loan for which the plaintiff sought to recover the outstanding balance was not inextricably intertwined with other two loans which were involved in a non-judicial foreclosure sale of separately secured real property.

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Bartow County Bank “BCB”, the predecessor to Hamilton State Bank “HSB”, sued 3 West Investments, LLC, Dennis Graham, Michael Allen, and Christie Graham collectively, “the defendants” to recover a deficiency on a loan following a nonjudicial foreclosure sale of collateral property.1 The defendants contended that HSB was precluded from seeking a deficiency judgment because BCB had previously foreclosed on property that secured the loan without obtaining judicial confirmation of the foreclosure sale. The parties filed cross-motions for partial summary judgment on this issue, and the trial court ruled in favor of HSB, concluding that it could pursue a deficiency judgment against the defendants. The defendants appeal this ruling, and we affirm, for the reasons that follow.

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. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.2

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