SEARCH

Mid-Roc LLC v. First S. Nat'l Bank

The bank's expert testimony supported the trial court's finding that the property in question sold for its true market value.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Following the confirmation hearing in this non-judicial foreclosure action, appellants Mid-Roc, LLC; Mission Investment Holdings, L.P.; Mission Investment & Development, Inc.; ROC Enterprises, Inc.; Randy O. Crosby and Nina Crosby collectively, “Mid-Roc” appeal from the trial court’s order confirming the sale of real property the “Property” by First Southern National Bank the “Bank”. Mid-Roc challenges the trial court’s factual finding as to the valuation of the Property, contending that the Property was sold for less than its true market value. For the following reasons, we affirm. The record shows that, following Mid-Roc’s default on a promissory note pursuant to which the Bank held a security deed, the Bank instituted foreclosure proceedings on the Property consistent with the terms of the loan documents. After notifying Mid-Roc of the default and of its intent to foreclose on the Property, the Bank properly advertised the pending sale. Pursuant to the power contained in the security deed, the Bank conducted a foreclosure sale at which the Bank itself purchased the Property for a sum of $70,500. The Bank then sought confirmation of the sale pursuant to OCGA § 44-14-161.

Following a hearing, the trial court confirmed the sale. On appeal, Mid-Roc does not challenge the foreclosure procedure, but argues only that the Bank did not establish that the Property sold for its true market value. We disagree.

More From ALM

Premium Subscription

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

Bundle Subscriptions

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

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

Southeastern Legal Awards 2025

May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.

Learn More

Complex Claims & Litigation Forum 2025

February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.

Learn More

Legalweek Leaders in Tech Law Awards 2025

March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

Senior Deputy District Counsel / Principal Deputy District Counsel

ABOUT THIS RECRUITMENTOur attorneys face some of the most challenging, cutting-edge legal issues in the environmental field. As such, we ar...

Apply Now ›

SENIOR VICE PRESIDENT FOR LEGAL AFFAIRS AND GENERAL COUNSEL

Hofstra University enrolls over 6,000 undergraduate students and nearly 4,000 graduate students in 13 schools, which feature a variety of de...

Apply Now ›

IP ASSOCIATE, PATENT AGENT, TECHNICAL SPECIALIST (Patent Prosecution) (multiple locations)

McCarter & English, LLP is actively seeking a patent associate, patent agent, or technical specialist for its Intellectual Property Prac...

Apply Now ›