Friedman v. Regions Bank

The ; appellant failed to show that he was deprived of any protection contemplated by applicable confirmation statute-O.C.G.A. § 44-14-161-after the bank foreclosed on his property in Bartow county under power of sale contained in a deed to secure debt.

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Martin Friedman appeals a confirmation of a sale of real property foreclosed on by Regions Bank under power of sale contained in a deed to secure debt. Because Friedman has failed to show that he was deprived of any protection contemplated by the applicable confirmation statute,1 we affirm. The material facts are not in dispute. Friedman gave Regions Bank a deed to secure debt on property located in Bartow County and thereafter defaulted on the underlying note. After notice and advertisement, the bank acquired the property in a non-judicial foreclosure sale held in July 2006. Preparing to seek a deficiency judgment against Friedman, pursuant to OCGA § 44-14-161,2 the bank reported the sale to the Bartow County Superior Court and applied for confirmation and approval of the sale. At a hearing thereupon in “Civil Action File No. 06-CV-1881,” the superior court found that the sale had not been conducted on the advertised date. Therefore, the court refused to confirm the sale, verbally set aside the sale and ordered that the property be resold.

Regions Bank then commenced anew foreclosure proceedings upon the property. After notice and advertisement, Regions Bank acquired the property at a foreclosure sale held in October 2006. Again preparing to seek a deficiency judgment against Friedman, pursuant to OCGA § 44-14-161, the bank reported the sale to the Bartow County Superior Court and applied for confirmation and approval of the sale.

Friedman v. Regions Bank

The ; appellant failed to show that he was deprived of any protection contemplated by applicable confirmation statute-O.C.G.A. § 44-14-161-after the bank foreclosed on his property in Bartow county under power of sale contained in a deed to secure debt.

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