Hammock v. Issa, 310 Ga. App. 547

Hammocks sold their Stockbridge home to Issa for $319,500, with a deed to secure debt containing a power of sale.
Issa defaulted by missing payments, failing to prove insurance, and not paying property taxes as due.
Foreclosure sale occurred June 1, 2010; Hammocks were the sole bidders and purchased the property for $230,000.
Hammocks filed a petition for confirmation of the foreclosure sale under OCGA § 44-14-161.
At the confirmation hearing, appraiser Tim Ballew valued FMV at $230,000 based on exterior inspection and comparables; Issa offered no contrary value.
The trial court denied confirmation, finding Ballew failed to account for substantial interior improvements; the court’s decision was affirmed on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether sale price proved true market value	Hammocks: appraisal reflects true market value	Issa: interior inspection not required; value uncontroverted	Yes; trial court’s determination supported by evidence and affirmed
Whether the trial court properly weighed the appraisal credibility	Hammocks: trial court should credit appraisal	Issa: appraisal credibility questioned due to lack of interior inspection	Yes; court may assess credibility; findings not disturbed on appeal

Statesboro Blues Dev. v. Farmers, 301 Ga.App. 851 (2010) (true market value question and appraisal review principles)
Trefren v. Freedom Bank of Ga., 300 Ga.App. 112 (2009) (trial court as finder of fact; defer to credibility)
REL & Assoc. v. Fed. Deposit Ins. Corp., 304 Ga.App. 33 (2010) (standard for evaluating appraisals and evidence on value)
Chamblee Hotels v. Chesterfield Mtg. Investors, 287 Ga.App. 342 (2007) (credibility and weight of witness testimony)
Govt. Nat. Mtg. Assn. v. Belue, 201 Ga.App. 661 (1991) (OCGA 44-14-161(b) context and value determination)
American Century Mtg. Investors v. Strickland, 138 Ga.App. 657 (1976) (valuation standard and review in foreclosures)