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Sanusi v. Community S. Bank

The trial court did not abuse its discretion in granting the bank's motion for permission to resell certain property following the denial of its application for confirmation of the property's foreclosure sale.

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Community Southern Bank auctioned David Sanusi’s property at foreclosure and then initiated confirmation proceedings. After a hearing, the Superior Court of Douglas County determined that the bank failed to prove that the property brought its true market value at the foreclosure sale and denied the bank’s application for confirmation. In a subsequent order, the court granted the bank’s motion for permission to resell the property. Sanusi appeals, contending that the trial court lacked jurisdiction over the bank’s motion to resell the property and that the trial court abused its discretion in finding “good cause” for a resale of the property. For the reasons explained below, we affirm.

1. Sanusi contends that the issue of resale is always before the court in a confirmation proceeding. He contends that the trial court’s order denying the bank’s application for confirmation of the foreclosure, which was entered on September 3, 2013, was a final order and that “the trial court had no authority to continue to issue rulings after a final order had been entered which concluded the proceedings.” He contends that the bank’s separate motion for resale, filed September 17, 2013, was “untimely.”

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