This case arises from the applications for confirmation of four foreclosure sales filed pursuant to OCGA § 44-14-161 by Bank of America, N.A ” The Bank” against Metro Land Holdings Investments, LLC “ Metro Land”, JFD Builders, LLC and Loomis E. Deavours, “Appellants” who guaranteed the underlying promissory notes.1 Appellants appeal the trial court’s final order confirming the sale of the four properties contending that the third property was not purchased at its true market value as required by OCGA § 44-14-161 b. For the reasons that follow, we affirm. In confirming a nonjudicial foreclosure sale under OCGA § 44-14-11, the trial court “shall require evidence of the true market value2 of the property sold under the powers and shall not confirm the sale unless it is satisfied that the property so sold brought its true market value on such foreclosure sale.”3 The trial judge in a confirmation proceeding “sits as the trier of fact, and its findings and conclusions have the effect of a jury verdict.”4 Thus, “witness credibility and the weight of the evidence proffered by the parties at a confirmation hearing are to be judged by the trial court, and not this Court on appeal.”5 For this reason, we will not disturb the trial court’s decision if there is any evidence to support it,6 and we view the evidence in the light most favorable to the trial court’s judgment.7
So viewed, the record shows that in 2006, Metro Land executed four promissory notes in favor of the Bank. Each promissory note was secured by lots of undeveloped property in the Summerlake and Bramlett Station subdivisions in Gwinnett County, as evidenced by the Deeds to Secure Debt and Security Agreements. Metro Land defaulted on the notes, and The Bank elected to declare the outstanding debt immediately due and payable. The Bank then foreclosed on the properties under power of sale provisions contained in the deeds to secure debt. On July 7, 2009, the four properties were sold at auction at separate foreclosure sales in Gwinnett County. In the third foreclosure sale, the Bank, as lienholder, purchased a parcel of eight undeveloped residential lots in the Summerlake subdivision in Gwinnett County for $233,850.
