Pursuant to OCGA § 44-14-231,1 Keith Santana brought an action against Rowland Allen in the State Court of Clayton County to foreclose on personal property. Santana later amended the complaint to add a claim for monies lent and unpaid. Following a non-jury trial, the court ruled that Santana was entitled to a writ of possession for the property and also awarded Santana a money judgment on the loan in the amount of $40,000, plus $10,000 interest. Allen sought discretionary review of the court’s order, and this Court granted the application pursuant to OCGA § 5-6-35 j. In accordance with OCGA § 5-6-35 g, Allen filed a timely notice of appeal, asserting that Santana’s action was barred by the doctrines of res judicata and collateral estoppel, and enumerating other errors. For the reasons set forth below, we affirm the judgment of the trial court. “Appeals from bench trials, where the trial judge sits as the trier of fact and has the opportunity to assess the credibility of the witnesses, are reviewed under the clearly erroneous standard. And we will not disturb a trial court’s findings if there is any evidence to support them.”2 The trial court made the following findings of fact: Clarence Brantley loaned money to Allen, and the collateral for this debt was a 1987 Rolls Royce. The title to this car was in Brantley’s name, and the car itself was in Brantley’s possession. On June 21, 2007, Allen met with Brantley to pay off the debt, but he did not have sufficient funds. Allen sought the funds needed from Santana, and on June 27, 2007, Santana loaned Allen $20,000. Of this sum, $10,000 was used to pay off the balance of Allen’s loan from Brantley. Brantley signed the assignment and warranty section of the Rolls Royce certificate of title, but did not fill in the blank for the purchaser’s name. Allen admitted that on June 27, 2007, or shortly thereafter, he gave the Rolls Royce certificate of title to Santana to hold until Allen’s debt to Santana was paid. Thereafter, Santana loaned further funds to Allen: on July 12, 2007, Santana made a withdrawal of $4,000, which was deposited into Allen’s account; and on July 21, 2007, Santana issued a check for $16,000 to Allen. Allen admitted that he owed Santana $40,000 as well as $10,000 in interest. Allen also admitted that the Rolls Royce vehicle was the collateral for this loan.
Santana admitted that he filled in his own name in the blank for “purchaser” on the Rolls Royce certificate of title. On July 21, 2007, Santana submitted a title application for the Rolls Royce vehicle to the Georgia Department of Revenue DOR. Santana’s title was disputed, and on November 20, 2007, the DOR cancelled the title it had issued to Santana. The DOR then issued a certificate of title to Brantley, who transferred his title to Allen. Allen submitted a title application to the DOR, which issued a certificate of title for the Rolls Royce to Allen. Santana petitioned the DOR for reinstatement of title in his name, and a hearing on this matter was held on May 29, 2008, before the administrative law judge ALJ in the Office of State Administrative Hearings OSAH. The ALJ issued its decision on June 30, 2008, nunc pro tunc to June 27, 2008, determining that the DOR acted properly in cancelling Santana’s certificate of title, because in failing to enter the purchaser’s name, Brantley had not properly executed an assignment and warranty of title. The ALJ affirmed the DOR’s issuance of a certificate of title for the Rolls Royce to Allen.3
