Defeated confirmation action of six townhomes
BLF Partner Stephanie Everett showed that the bank failed to meet its burden of proving that it satisfied the requirements regarding the legality of a foreclosure sale of six townhomes. BLF showed that the bank failed to introduce sufficient admissible evidence proving that it complied with Georgia’s notice requirement. Because the Bank failed to meet its heavy burden, the Court could not confirm the non-judicial foreclosure sale. The Bank also failed to introduce any evidence of good cause and therefore the Court did not order a re-sale. The win resulted in the guarantor being released from a potential deficiency exceeding half a million dollars.
