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Martin v. Federal Land Bank

325 S.E.2d 787, 173 Ga. App. 142, 1984 Ga. App. LEXIS 2747
CourtCourt of Appeals of Georgia
DecidedNovember 29, 1984
Docket68477
StatusPublished
Cited by11 cases

This text of 325 S.E.2d 787 (Martin v. Federal Land Bank) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin v. Federal Land Bank, 325 S.E.2d 787, 173 Ga. App. 142, 1984 Ga. App. LEXIS 2747 (Ga. Ct. App. 1984).

Opinions

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.

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Martin v. Federal Land Bank
325 S.E.2d 787 (Court of Appeals of Georgia, 1984)

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Bluebook (online)
325 S.E.2d 787, 173 Ga. App. 142, 1984 Ga. App. LEXIS 2747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-federal-land-bank-gactapp-1984.