Following its February 19, 2009 hearing in this case, the trial court confirmed the non-judicial foreclosure sale of 12.373 acres of unimproved land owned by Blue Marlin Development, Inc. “Blue Marlin” to Branch Banking & Trust “BB&T”. In doing so, the trial court found that BB&T had proved, by a preponderance of the evidence, that the true market value1 of the Property on the date of the foreclosure sale was equal to the $450,000 purchase price BB&T paid for the Property. Arguing that a de novo standard of review is controlling, Blue Marlin appeals, contending that the trial court erred i in admitting BB&T’s evidence as to the true market value of the Property at the time of the sale because its appraisal of the value thereof was flawed, ii in admitting the appraisal of BB&T’s expert witness as to the true market value of the Property for lack of evidence showing that he was competent to testify as an expert under OCGA § 24-9-67.1 b, and iii in rejecting the testimony of Blue Marlin’s expert as to true market value of the Property. Finding that the “any evidence” test is the proper standard of review and that the trial court’s confirmation of the foreclosure sale was duly based on the evidence before it, we disagree and affirm. It is well-settled that “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.” Citation omitted. Nash v. Compass Bank , 296 Ga. App. 874, 875 676 SE2d 28 2009. “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.” Footnote and punctuation omitted. Chamblee Hotels v. Chesterfield Mfg. Investors , 287 Ga. App. 342, 343 651 SE2d 447 2007.
So viewed, the evidence shows that Blue Marlin borrowed money from BB&T, and, in order to secure the indebtedness, conveyed the Property to BB&T by a deed to secure debt. At or about the time Blue Marlin defaulted on the loan, BB&T engaged Michael J. Smith, MAI,2 to appraise the Property. Mr. Smith appraised the true market value of the Property as $450,000. Thereafter, pursuant to the power of sale contained in its deed to secure debt, BB&T foreclosed its security interest in the Property. BB&T was the successful bidder at the non-judicial foreclosure sale which followed, bidding in the Property for $450,000.
