Ciuperca v. RES-GA Seven, LLC
319 Ga. App. 61
| Ga. Ct. App. | 2012Background
- RES-GA foreclosed Ciuperca's property under a Security Deed for a commercial loan.
- Foreclosure sale occurred May 3, 2011; RES-GA bid $363,000 and knocked the property back to itself.
- RES-GA relied on an appraisal that did not include the full acreage; Ciuperca's primary residence status is disputed.
- Trial court deemed Ciuperca not using the property as a dwelling in 2004 when the loan was made; notice under OCGA § 44-14-162.2(a) not triggered.
- Post-sale, RES-GA sought confirmation; court ordered resale under OCGA § 44-14-161(c) due to alleged failure to obtain fair market value.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether notice under 44-14-162.2(a) applied | Ciuperca used property as residence; notice required. | Property was commercial; no notice required. | Notice not required; court did not apply 162.2(a). |
| Whether a resale could be ordered without showing good cause | Resale warranted by evidence of non-market sale value. | No good-cause showing; resale unnecessary. | Resale ordered for good cause; court acknowledged discretionary standard. |
Key Cases Cited
- Greg A. Becker Enterprises v. Summit Investment Mgmt. Acquisitions I, 314 Ga. App. 721 ((2012)) (discretion in 161(c) resale not to be disturbed on appeal)
- Ray v. Atkins, 205 Ga. App. 85 ((1992)) (resident-status requirement for notice under old regime; dwelling use not shown)
- The Village at Lake Lanier v. State Bank and Trust Co., 314 Ga. App. 498 ((2012)) (pre-sale appraisal omissions can support good-faith basis for resale)
- McDowell v. Regions Bank, 311 Ga. App. 600 ((2001)) (abuse-of-discretion standard for 161(c) resale decisions)
- Funderburke v. Kellet, 257 Ga. 822 ((1988)) (note on when notice provisions apply in lack of dwelling-use showing)