Atlanta litigators Matthew Ames, Walt Jones, and Jamie Cohen recently received a favorable decision from the Georgia Supreme Court, which confirmed the rule that a secured creditor cannot be forced to accept possession of the collateral in satisfaction of an indebtedness when the creditor did not, in fact, seek this relief.  In Hamilton State Bank

In Raysoni v. Payless Auto Deals, LLC, et al., No. S13G1826 (Ga., November 17, 2014), a purchaser of a used vehicle alleged that Payless Auto Deals, LLC (“Payless”) and its salesman orally misrepresented that the vehicle had not been in an accident, when, in fact, it had previously sustained significant frame damage.

In BAC Home Loans Servicing, L.P. v. Wedereit 328 Ga. App. 566 (2014), the Georgia Court of Appeals affirmed a trial court’s sua sponte granting of summary judgment for breach of contract based upon the lender’s failure to give proper notice prior to accelerating the loan at issue.  The borrower filed suit for wrongful

In Bates v. JP Morgan Chase Bank, N.A., No. 13-15340 (11th Cir. Sept. 30, 2014), the Eleventh Circuit ultimately affirmed summary judgment against the borrower, but noted that a lender’s failure to strictly comply with the regulations issued by the Department of Housing and Urban Development while foreclosing on an FHA-insured mortgage could constitute breach

A surprising ruling by the Georgia Court of Appeals may relax Georgia law’s requirement that foreclosure sales must be confirmed by the courts before the lender can pursue a deficiency against a guarantor of the debt.  O.C.G.A. § 44-14-161 provides, in part, that:

When any real estate is sold on foreclosure, without legal process, and