White Oak Homes, Inc. v. Community Bank & Trust
314 Ga. App. 502
Ga. Ct. App.2012Background
- White Oak defaulted on a deed to secure debt held by Community Bank & Trust (CB&T).
- CB&T pursued nonjudicial foreclosure and published the sale notice in the Athens Banner-Herald, the Clarke County legal organ.
- On the last advertisement date, the FDIC, as CB&T's receiver, sold the loan to SCBT, N.A.
- The subject property was auctioned, but the sale price did not satisfy the debt, so CB&T sought court confirmation under OCGA § 44-14-161.
- The trial court granted confirmation; White Oak appeals challenging the notice and related issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of publisher’s affidavit and tear sheet | White Oak challenged hearsay/authenticity of affidavits. | CB&T showed publisher caused publication and identified the notices; tear sheet attached corroborates advertisement. | No error in admitting publisher’s affidavit and tear sheet. |
| Notice identification of loan owner in the advertisement | Advertisement failed to identify the owner due to FDIC transfer. | Issue not preserved for review; absence of proper preservation, no appellate consideration. | Waived; not reviewed. |
| Real party in interest/standing in confirmation | FDIC’s transfer and assignment might affect standing; assignment not filed prior to sale. | Standing/assignment issues are irrelevant to the confirmation proceeding. | Confirmation proceeding does not address standing/assignment; sale confirmed. |
| Finding of proper notice | Court failed to make findings regarding proper foreclosure notice. | Issue not preserved; lack of argument and record citation. | Claim abandoned; no error reviewable. |
Key Cases Cited
- Nexgen Cumming, LLC v. State Bank & Trust Co., 313 Ga.App. 715 (Ga. Ct. App. 2012) (appellate review of confirmation and admissibility standards)
- Belans v. Bank of America, 306 Ga.App. 252 (Ga. Ct. App. 2010) (publisher's affidavit admissibility in foreclosure notices)
- Hodsdon v. Whitworth, 153 Ga.App. 783 (Ga. Ct. App. 1980) (hearsay and publication arguments in foreclosure)
- McInnis v. Community Bank & Trust, 306 Ga.App. 436 (Ga. Ct. App. 2010) (publication evidence in foreclosure cases)
- Boring v. State Bank & Trust Co., 307 Ga.App. 93 (Ga. Ct. App. 2010) (confirmation scope; standing and assignment are not adjudicated)
- Sparti v. Joslin, 230 Ga.App. 346 (Ga. Ct. App. 1998) (standing/assignment context in confirmation)
- Vlass v. Security Pacific Nat. Bank, 263 Ga. 296 (Ga. 1993) (assignment filing requirements before sale)