Statesboro Blues Development, LLC defaulted on a $3,522,500 loan from Farmers and Merchants Bank. The loan was secured by a deed to secure debt with respect to 61.26 acres of real property located in Bulloch County the “Property”. The Bank foreclosed on the Property and sold it at auction on December 2, 2008 to the only bidder, also the Bank, for $2,915,000. The Bank then applied to the superior court for confirmation of the sale pursuant to OCGA § 44-14-161. Following an evidentiary hearing, the trial court approved and confirmed the foreclosure sale in all respects. Statesboro Blues Development and loan guarantors Hunter M. Chadwick and Donald Alan Clark collectively, “Blues Development” appeal, contending that the trial court’s order was not supported by any evidence in view of its erroneous reliance on the incorrect and flawed opinion of the Bank’s expert appraiser.1 We disagree and affirm because the trial court was entitled to accept the testimony of the Bank’s expert as to the true market value of the Property. A trial court cannot confirm a foreclosure sale . . . unless it is satisfied that the property so sold brought its true market value. True market value is the price that the property will bring when it is offered for sale by one who is not obligated, but has the desire to sell it, and is bought by one who wishes to buy it, but is not under a necessity to do so. Citations and punctuation omitted. Cartersville Developers, LLC. v. Georgia Bank & Trust , 292 Ga. App. 375, 377 664 SE2d 783 2008. See OCGA § 44-14-161.
“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. 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.” Footnote and punctuation omitted. Chamblee Hotels v. Chesterfield Mtg. Investors , 287 Ga. App. 342, 343 651 SE2d 447 2007.
