Article

Factual Summary:

In order to obtain a mortgage loan in connection with the construction of a retail shopping center, applicant caused the issuance of a letter of credit in favor of the lender. The applicant defaulted on the mortgage loan and the beneficiary made demand under the credit and was paid. The beneficiary then foreclosed on the shopping center and sold the property. It then sought to confirm the foreclosure sale, as required by Georgia law. The trial court found that the property was sold for less than its true value and did not confirm the foreclosure sale. The beneficiary was, therefore, precluded from pursuing a deficiency judgment against the applicant.

Subsequently, the applicant executed a promissory note to the issuer for reimbursement of the amount it paid under the credit. After default on the promissory note, the issuer brought this action against the applicant for the amount due. The trial court granted issuer's motion for summary judgment. The applicant appealed.


Legal Analysis:

On appeal, the applicant contended that the trial court erred in granted summary judgment in favor of the issuer because it was, in effect, attempting to recover a prohibited deficiency under the credit, not under the note, in violation of Georgia law. The court found that the applicant's argument was "totally without merit" because the dispute involved a promissory note and not the letter of credit and affirmed summary judgment in favor of the issuer.

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