Belans v. Bank of America

R. Chris Belans appeals from the trial court’s order confirming the foreclosure sales of three properties that Bank of America held as security for commercial loans he had guaranteed. Because the sales did not satisfy the entire indebtedness to the Bank , the Bank was required to comply with the confirmation process before it could seek to obtain a deficiency judgment against Belans.1 Belans claims that, as part of that process, the Bank was required to serve him personally with notice of the confirmation hearing. He also claims that the trial court erred by confirming the foreclosure sales without receiving evidence that the requirements of OCGA § 44-14-161 had been satisfied and by confirming the sale of the third property when it was not reported to a judge within 30 days of the sale. We conclude that service of the notice of hearing was legally sufficient, but reverse the confirmation order for lack of evidence. In 2006, Belans guaranteed payment of three promissory notes in favor of the Bank. Each promissory note was secured by real property located in Douglas County, as evidenced by a Deed to Secure Debt and Security Agreement security deed, including modifications. When the promisor of the notes and the grantor of the security deeds defaulted, the Bank conducted non-judicial foreclosure sales of the property securing the notes. The Bank reported the foreclosure sales to a judge of the Douglas County Superior Court and applied for confirmation. Following a March 24, 2009 hearing , the trial court issued a confirmation order that included findings of fact and conclusions of law.

1. Belans contends that he was not properly served with notice of the hearing, arguing that personal service was required.