X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Greenwood Homes, Inc. “Greenwood”, Chris K. Beaty, and C.M. Beaty collectively, “Appellants” appeal from the trial court’s order approving an application “Application” by Regions Bank “Regions” under OCGA § 44-14-161 for confirmation of a non-judicial foreclosure sale of property. Appellants contend that, in valuing the property, Regions’ appraiser used an inherently flawed “investment valuation” methodology which entailed improper deductions and also erroneously relied on distress sales as comparable sales. Given such flaws, Appellants claim that Regions failed to present any evidence establishing the property’s true market value. Since the trial court’s confirmation order was supported by the competent valuation testimony of Regions’ appraiser, we affirm. Value on the date of sale is a factual question to be resolved by the trier of fact. In a proceeding for confirmation of a foreclosure sale of real property, the judge sits as a trier of fact, and his findings and conclusions have the effect of a jury verdict. Where the trial judge, sitting as the trier of the facts, hears the evidence, his finding based upon conflicting evidence is analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support it. Footnote and punctuation omitted. Trefren v. Freedom Bank of Ga. , 300 Ga. App. 112, 113 684 SE2d 144 2009. The record shows that on April 30, 2007, Greenwood executed a promissory note in Regions’ favor in the original principal amount of $2,316,225.00 in connection with a loan to fund the acquisition and development of seventeen townhome lots in the Westchase Glen subdivision in Fulton County “the Property”. On the same date, Greenwood executed a deed to secure debt and security agreement granting Regions a security interest in the Property. The Beatys apparently agreed to guarantee Greenwood’s indebtedness to Regions.

On July 11, 2008, Regions notified Appellants that they were in default of their payment obligations and accelerated and declared due the remaining principal balance of $693,596.80 under the promissory note. Earlier in the month, Regions had retained Kenneth Cantrell, an MAI-designated commercial appraiser, to value the Property, and Cantrell provided Regions with his detailed written appraisal the “Appraisal” on July 22, 2008, concluding that the Property’s market value was $509,600.001

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More
October 29, 2024
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More

With bold growth in recent years, Fox Rothschild brings together 1,000 attorneys coast to coast. We offer the reach and resources of a natio...


Apply Now ›

About Us:Monjur.com is a leading provider of contracts-as-a-service for managed service providers, offering tailored solutions to streamline...


Apply Now ›

Dynamic Boutique law firm with offices in NYC, Westchester County and Dutchess County, is seeking a mid level litigation associate to work ...


Apply Now ›