McCain v. Galloway

Tyler McCain and Neel Creech, Jr. appeal from the trial court’s order confirming Galloway’s nonjudicial foreclosure sale pursuant to OCGA § 44-14-161, contending that Galloway lacked standing and authority to initiate the foreclosure proceeding and that the fair market value of the property was not proven. A confirmation proceeding is a statutory proceeding limited to determining only that the sale was properly advertised and brought the fair market value of the land on the date of sale. Harris & Tilley, Inc. v. First Nat. Bank &c. , 157 Ga. App. 88, 91 5 276 SE2d 137 1981; see also Wall v. Fed. Land Bank of Columbia , 240 Ga. 236, 237 1 240 SE2d 76 1977; Kong v. Shearson Lehman Hutton Mtg. Corp. , 211 Ga. App. 93, 95 438 SE2d 132 1993.

Value on the date of sale is a factual question to be resolved by the trier of fact, which is the judge in a confirmation proceeding. Thompson v. Maslia , 127 Ga. App. 758, 764 4 195 SE2d 238 1972. The trial judge’s findings and conclusions have the effect of a jury verdict and when that finding is based upon conflicting evidence, it should not be disturbed by a reviewing court if there is any evidence to support it. Fayette Promenade, LLC v. Branch Banking &c. Co. , 258 Ga. App. 323, 324 574 SE2d 319 2002; Tarleton v. Griffin Fed. Sav. Bank , 202 Ga. App. 454 1 415 SE2d 4 1992.