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Ramchandani v. State Bank & Trust Co.

The Fulton County trial court lacked jurisdiction to consider the defendants' collateral attacks on a Forsyth County confirmation order, since the defendants did not file a motion to set aside that order in Forsyth County.

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State Bank and Trust Company “SB&T” sought a deficiency judgment in the Superior Court of Fulton County against Deepak Ramchandani, Chandan Seernani, and others, after SB&T conducted a non-judicial foreclosure sale of certain Forsyth County property and successfully petitioned the Superior Court of Forsyth County for confirmation of the sale. Ramchandani and Seernani “the appellants” appeal from the Fulton County court’s grant of summary judgment to SB&T in the deficiency judgment action. They contend that the court erred in concluding that it did not have jurisdiction to consider their collateral attacks on the Forsyth County foreclosure confirmation order and, as a result of that conclusion, in failing to consider their claims that they were not properly served with notice of the confirmation hearing. Finding no error, we affirm.

“Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. We review the grant of summary judgment de novo, construing the evidence in favor of the nonmovant.” Citations and punctuation omitted. White v. Ga. Power Co., 265 Ga. App. 664, 664-665 595 SE2d 353 2004. So viewed, the record shows the following undisputed facts.

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