Farmer v. Branch Banking & Trust Co.
312 Ga. App. 519
Ga. Ct. App.2011Background
- In consolidated appeals, Farmer and Smith challenge Bank's confirmation of foreclosures on two properties.
- They contend Farmer did not receive the statutorily required notice under OCGA § 44-14-161 (c).
- They contend Smith had no involvement in the loan on at least one property and should be dismissed from that proceeding.
- They allege the Bank failed to prove the properties brought true market values at foreclosure.
- The appellate record lacks a transcript of the confirmation hearing, hindering review of evidentiary support.
- The trial court had found the foreclosure process complied with statute and that sale prices reflected true market values.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Notice to Farmer under OCGA § 44-14-161 | Farmer did not receive required notice | Bank complied with notice requirements | Affirmed; record incomplete, requires affirmance due to missing transcript |
| Smith's involvement in the loan | Smith had no meaningful involvement and should be dismissed | Smith's involvement supported by record | Affirmed; lack of transcript prevents evaluating involvement |
| Bank's proof of true market value | Bank failed to prove true market value | Bank showed values at sale were true market values | Affirmed; no transcript to review evidentiary support |
| Impact of missing transcript on review | Affirmed due to burden on appellant and absence of transcript |
Key Cases Cited
- Roberts v. Windsor Credit Svcs., 301 Ga. App. 393 (Ga. App. 2009) (record deficiency requires affirmance when transcript is missing)
- Alexander v. Jones, 216 Ga. App. 360 (Ga. App. 1995) (transcript substitute not permitted; burden on appellant to provide record)
- TKW Partners v. Archer Capital Fund, 302 Ga. App. 443 (Ga. App. 2010) (trial court findings reviewed de novo for legal conclusions)