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Farmer v. Branch Banking and Trust Co.

The defendants failed to meet their burden of demonstrating error on appeal because they did not provide a transcript of the evidence and testimony at the foreclosure confirmation hearing.

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In these consolidated appeals, Dana D. Farmer and Howard Smith contend that the trial court erred in approving the applications of Branch Banking & Trust Co. the Bank to confirm the foreclosure sales of two pieces of real property. They argue that Farmer did not receive the notice required for confirmation under OCGA § 44-14-161 c; that the court should have dismissed Smith from the confirmation proceeding on one of the properties due to his “lack of any involvement” in the loan; and that the Bank’s evidence of the true market value of the properties at the time of foreclosure was incompetent. The appellate record does not contain a transcript of the evidence and testimony at the confirmation hearing. Consequently, Farmer and Smith have not met their burden as appellants of demonstrating error by the record, and we must affirm. “The trial court is the trier of fact in a confirmation proceeding, and we will not disturb its findings if there is any evidence to support them. We are not, however, bound by the trial court’s conclusions of law, which are subject to de novo review.” Citations and punctuation omitted. TKW Partners v. Archer Capital Fund , 302 Ga. App. 443 691 SE2d 300 2010.

After a hearing on the confirmation applications at which evidence was presented, the trial court concluded that the Bank had “fulfilled all the legal requirements of conducting a non-judicial foreclosure sale required by statute, including notice, advertisement and conduct of sale” and that the properties had been sold for their true market values in the foreclosure proceedings.

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