York v. Res-Ga Ljy, LLC

Summary

The court held that the guarantors waived any defense based on the creditor's failure to obtain confirmation of the foreclosure sales. Applying ejusdem generis and reading the guaranties as a whole, the court concluded that the waiver expressly covered defenses arising under anti-deficiency laws, including the confirmation statute. The court also held that the prior refusals to confirm the sales did not bar the deficiency action, although the factual findings in those proceedings could bear on the amount of damages.