Kennedy v. Trust Co. Bank of Gwinnett County

Carley, Judge.

This is the second appearance of the instant case before this Court. The issue in Kennedy v. Gwinnett Commercial Bank, 155 Ga. App. 327 (270 SE2d 867) (1980) was whether the duty to conduct a foreclosure sale “fairly” pursuant to a power of sale includes the duty to obtain the “fair market value” of the property, the alleged breach of which gives rise to a claim for damages by the holder of the equity of redemption. In Kennedy we expressly overruled Langley v. Stone, 112 Ga. App. 237 (144 SE2d 627) (1965) and Buckhead Doctors’ Bldg. v. Oxford Fin. Cos., 115 Ga. App. 534 (154…