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White Oak Homes Inc. v. Community Bank & Trust

Nexgen Cumming LLC v. State Bank & Trust Co., A11A2170 01/26/12, 12 FCDR 271 02/03/12, adversely decided the appellant's challenge to the admissibility of a publisher's affidavit of publication of the foreclosure notice in the county's legal organ.

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White Oak Homes, Inc. White Oak, appeals from the trial court’s order confirming Community Bank & Trust’s CB&T nonjudicial foreclosure sale pursuant to OCGA § 44-14-161, contending that the foreclosure notice was deficient as a matter of law. Finding no error, we affirm. “The trial court is the trier of fact in a confirmation proceeding, and an appellate court will not disturb its findings if there is any evidence to support them. We are not, however, bound by the trial court’s conclusions of law, which are subject to de novo review.”1

White Oak defaulted under a deed to secure debt to CB&T. CB&T pursued nonjudicial foreclosure of the property at issue and advertised the sale under power in the Athens Banner-Herald , the legal organ of Clarke County. On the date of the last advertisement, the FDIC, as receiver for CB&T, sold the property to another bank, SCBT, N.A. The subject property then was sold at auction, but because the sale price did not satisfy the amount of the indebtedness, CB&T petitioned for confirmation, which the trial court granted. White Oak appeals.

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