Martin v. Federal Land Bank

Banke, Presiding Judge.

This is an appeal from an order granting the appéllee’s petition for confirmation of a foreclosure sale. Held:

Pursuant to OCGA § 44-14-161 (c), the trial court is required not only to determine whether the property sold brought its true market value but also to “pass upon the legality of the notice, advertisement, and regularity of the sale.” See generally Wall v. Fed. Land Bank of Columbia, 240 Ga. 236, 237 (240 SE2d 76) (1977); Walker v. Northeast Prod. Credit Assn., 148 Ga. App. 121, 122 (251 SE2d 92) (1978). The statute is in derogation of common law and must be strictly adhered to. See Taylor v. Thompson, 158 Ga. App. 671, 672 (282 SE2d 157) (1981).

No evidence appears in the transcript of the hearing on the confirmation petition tending to indicate either that the sale was properly advertised in accordance with OCGA § 44-14-162 or that the appellant was properly notified of the sale in accordance with OCGA § 44-14-162.1. It follows that the judgment of confirmation must be reversed. The remaining enumerations of error are rendered moot by the foregoing.

Judgment reversed.

McMurray, C. J., Birdsong, P. J., Carley and Benham, JJ., concur. Deen, P. J., Pope, Sognier, and Beasley, JJ., dissent.