Shantha v. West Georgia National Bank

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 (i.e., not conducted in the usual manner of sheriffs sales; Code Ann. § 67-1506) or if either the notice or the advertisement does not…