Scroggins v. Harper

Clark, Judge.

This case arises from the foreclosure of a junior or second loan deed. Borrowers appeal from an order in favor of the lender appellee confirming a foreclosure sale under the provisions of Code Ann. § 67-1503 et seq. The two questions presented are: (1) Did the trial judge err in failing to consider the prayer for an alleged excess between the sale price and the debt filed as a part of borrowers’ answer to the petition for confirmation? (2) Was the foreclosure advertisement fatally defective in failing to state as was in fact orally announced at the sale that it was to be subject…