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Ciuperca v. RES-GA Seven LLC

The trial court properly found good cause to believe that the property did not sell for its fair market value at the foreclosure sale.

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This case arises from an application for confirmation of a foreclosure sale filed by RES-GA Seven, LLC “RES-GA” against Romeo Ciuperca. Prior to the confirmation hearing RES-GA moved for an order providing for the resale of the property in accordance with OCGA § 44-14-161 c. Following the confirmation hearing, the trial court ordered a resale of the property, finding good cause to believe that the property did not sell for fair market value. Ciuperca appeals, contending that the trial court 1 erred in finding that the notice provisions of OCGA § 44-14-162.2 did not apply, and 2 erred in allowing a resale without any showing of good cause. We discern no error and affirm.

The trial court is the trier of fact in a confirmation proceeding, and an appellate court will not disturb its findings if there is any evidence to support them. Furthermore, we do not determine witness credibility or weigh the evidence and we view the evidence in the light most favorable to the trial court’s judgment.

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