A decision issued last summer by the Georgia Court of Appeals had the potential to make it much easier for real estate lenders to recover all of their money when loans go bad, but some trial court judges are pushing back.
At issue is the extent to which lenders can foreclose on a property, then sue to recover any difference between the foreclosure sale price and what is due on the loan. Although lenders seldom go for more money after foreclosing on an owner-occupied home, the issue is significant for larger commercial deals.
