SHANTHA v. WEST GEORGIA NATIONAL BANK

55576.

145 Ga. App. 712 (1978)

244 S.E.2d 643

SHANTHA v. WEST GEORGIA NATIONAL BANK.

Court of Appeals of Georgia.

Decided April 20, 1978.


Attorney(s) appearing for the Case

Trauner, King & Cohen, Kevin S. King, Janet L. Haynes, for appellant.

Tuggle & Sullivan, S. James Tuggle, Robert H. Sullivan, Henry C. Head, for appellee.


DEEN, Presiding Judge.

The primary issue at a hearing for confirmation of a foreclosure sale under power, which is a condition precedent to an action for deficiency judgment, is a judicial ascertainment that the property brought at least its true market value on the foreclosure sale. Code Ann. § 67-1504. The court must also pass on the "legality of the notice, advertisement and regularity of the sale." Code § 67-1505. By inference, if the sale is irregular...

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