Recent Georgia appellate court decisions impact lenders' foreclosure and confirmation practices


Jeffery Saxby has prepared a Client Alert addressing the following recent decisions by Georgia appellate courts:

• An appraiser’s inclusion of a margin of error in making a value determination could save lenders from certain challenges during confirmation proceedings;

• A statute that authorizes lenders to rescind foreclosure sales survives a challenge in the Georgia Supreme Court; and

• An appraisal expert’s failure to inspect the interior of residential foreclosure property may result in the trial court’s refusal to confirm a foreclosure sale.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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