R. Chris Belans and Avenue Homes, Inc. “Avenue Homes”, appeal from the trial court’s order confirming the foreclosure sales of three properties that Bank of America held as security for commercial loans to Avenue Homes, which loans were guaranteed by Belans and Tommy Newborn.1 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 deficiency judgments against the guarantors.2 On appeal, Belans and Avenue Homes assert that the trial court committed three errors: 1 it conducted a consolidated evidentiary hearing on three separate foreclosure sales; 2 it confirmed the sales where realty and personalty were sold together for a lump sum, with no evidence delineating the values of each; and 3 it confirmed the sales in the absence of competent evidence that the sales were properly advertised. Finding no error, we affirm. Avenue Homes executed a total of three promissory notes in favor of the Bank, one in August 2005, and two in February 2007. Each promissory note was secured by property located in Paulding County, as evidenced by the Deeds to Secure Debt and Security Agreements. After Avenue Homes and its guarantors, including Belans, defaulted on the notes, the Bank foreclosed on all three properties on February 3, 2009. The first property, consisting of three substantially completed homes, sold for $491,000 at the foreclosure sale. The second property consisted of 13 developed lots and sold for $390,000. Finally, the third property consisted of 12 partially completed homes and sold for $1,220,000.
On March 4, 2009, the Bank reported the sales to a judge of the Superior Court of Paulding County and applied for confirmation of the three sales pursuant to OCGA § 44-14-161 a. Appellants were served with notice of the hearing, set for December 1, 2009. At the hearing, the trial court denied appellants’ request to conduct three separate evidentiary hearings and directed the Bank to present evidence pertaining to each property separately. During the hearing, the Bank called three witnesses, and appellants presented no evidence. The trial court entered an order confirming the foreclosure sales on all three properties, finding that the notice and advertisement were proper and that the sales satisfied the statute.
