Atlanta Empowerment Zone Corporation “Zone” filed an Application for Confirmation of Sale Under Power the “Application” in the Superior Court of Clayton County. According to the Application, Light Energy Management, Inc. had defaulted under the terms of a promissory note payable to Zone in the principal amount of $3,250,000. The note was secured by real estate subject to a deed to secure debt recorded in the Superior Court of Fulton County. In accordance with the power of sale contained in the security deed, and after advertisement of the sale, the property was sold at auction to Zone for $650,000. Zone asked the trial court to confirm and approve the sale in accordance with OCGA § 44-14-161. In its answer, Light Energy claimed the Application was fatally defective because it was not brought in the county where the real property at issue was located. Acknowledging that the land was located in Fulton County, Zone moved to transfer the case to the Superior Court of Fulton County. The trial court denied the motion to transfer and dismissed the Application for lack of venue. Zone appeals, contending that the Application is a “civil proceeding,” and the trial court therefore erred in failing to transfer the case in accordance with USCR 19.1. We disagree and affirm. The Georgia Constitution provides: “any court shall transfer to the appropriate court in the state any civil case in which it determines that jurisdiction or venue lies elsewhere.” Ga. Const. of 1983, Art. VI, Sec. I, Par. VIII. This constitutional mandate was implemented in the Uniform Transfer Rules, enacted in 1984. Section T-4 of the Uniform Transfer Rules provides “when a party makes a motion to dismiss, or any other motion or defense, on the basis that the court in which the case is pending lacks jurisdiction or venue or both, such motion shall be treated as a motion to transfer pursuant to these rules.” Citation omitted. McDonald v. MARTA , 251 Ga. App. 230, 231 554 SE2d 226 2001. Section T-1 of the Uniform Transfer Rules provides that the rules apply to the superior courts. USCR 19.1 also implements transfer rules for the superior courts, including the specific procedures for a transfer. Accordingly, the threshold question is whether an application for confirmation of foreclosure under OCGA § 44-14-161 is a civil case subject to transfer for purposes of the Georgia Constitution, the Uniform Transfer Rules, and USCR 19.1.
OCGA § 44-14-161 is a special statutory procedure not generally analogous to a civil suit. “The proceeding . . . is not a ‘suit’ but an application to the ‘Judge of the Superior Court.’ ” Jonesboro Investment Trust Assoc. v. Donnelly , 141 Ga. App. 780, 783 1 234 SE2d 349 1977. OCGA § 44-14-161 a requires that a sale of property without legal process, but under powers such as those contained in a security deed or other lien contract, be confirmed through the process specified in the statute before an action may be taken to obtain a deficiency judgment against the debtor. The process requires that the party initiating the foreclosure sale “ within 30 days after the sale, report the sale to the judge of the superior court of the county in which the land is located for confirmation and approval and shall obtain an order of confirmation and approval thereon.” Id. “This statute is in derogation of common law and must be strictly construed.” Bentley v. North Georgia Production Credit Assn. , 170 Ga. App. 361, 362 1 317 SE2d 339 1984.
