Harper v. Ameris Bank

Allen C. Harper, one of the personal guarantors of a promissory note secured by property comprised of approximately 110 lots in a subdivision known as Southbridge at Berwick Plantation, Phase III, near Savannah, Georgia, appeals the trial court’s confirmation of the foreclosure of the property by Ameris Bank “Ameris”. Harper argues 1 that the trial court erred by confirming the sale because a Ameris failed to file the post-sale deed under power within the time prescribed by OCGA § 44-14-160; and b Ameris failed to correctly advertise the sale; and 2 that the trial court abused its discretion by denying his motion to exclude Ameris’ experts’ testimony pursuant to former OCGA § 24-9-67.1.

The record establishes that Darby Bank & Trust “Darby” issued a loan for $6,548,000 to SB Partners, LLC. The promissory note was secured by a deed to the property, as well as the personal guaranties of Charles K. Werk, Harper, and Roy S. Shiver, Jr.1 SB Partners also entered into a Lot Purchase Agreement with D. R. Horton, Inc., under which D. R. Horton would purchase 40 lots—20 lots during the year after closing the agreement for $59,000 per lot, and 20 thereafter for at least $62,540 per lot. After Darby failed in November 2010, and its assets were seized by the Federal Deposit Insurance Corporation, Ameris was appointed as receiver for Darby’s assets, including the note and guaranties at issue.