York v. Res-Ga Ljy, LLC

Summary

The Supreme Court of Georgia held that the guarantors waived their defense under OCGA § 44‑14‑161(a) by the waiver provision in their guaranty agreements, and therefore affirmed the deficiency judgments against them. The Court interpreted the waiver clause using the ejusdem generis canon and concluded that the waiver encompassed the anti‑deficiency statute defense, allowing RES‑GA to pursue a deficiency judgment despite its failure to obtain confirmation.