Colbert v. Branch Banking and Trust Co.

Following the denial of his petition to void a foreclosure, Earl L. Colbert appeals, contending that the trial court erred in ruling that Branch Banking and Trust Company “the Bank” properly notified him of foreclosure proceedings as required by OCGA § 44-14-162.2 a. Finding no error, we affirm. “We apply a de novo standard of review to questions of law decided by the trial court, and factual findings made by the trial court shall not be set aside unless clearly erroneous.”1 So viewed, the record shows that Colbert was the owner of property located at 468 Cypress Road, Springfield, Georgia, and in February 1996, he executed a security deed and agreement with a Bank affiliate establishing a $175,000 loan to build his personal home on the property. The property lacked a mailbox, so for purposes of notice under the loan, Colbert designated P. O. Box 1380 as his address. In 2003, Colbert stopped using the P. O. Box, implemented a change of address with the U. S. Postal Service, and notified the Bank by telephone that his new mailing address was his Laurel Street business address. Colbert did not notify the Bank of the change of address in writing, but he received certain tax correspondence from the Bank at the Laurel Street address. In 2004, Colbert filed for bankruptcy, listing the Laurel Street address as his mailing address for purposes of the bankruptcy. The Bank was listed as a creditor and was provided with this address during the bankruptcy process.

Colbert defaulted on the loan, and, in 2008, the Bank began foreclosure proceedings after receiving a lift of stay in the bankruptcy. The Bank sent a notice of foreclosure sale, via certified letter with a return receipt requested, to Colbert at the original P. O. Box address listed in the loan documents and published a notice of the sale in the Effingham Herald. In February 2009, consistent with the notices, the Bank auctioned the property and executed a deed under power of sale, pursuant to the security deed, transferring title to the highest bidder at the foreclosure auction, Marion T. Lanier III,