Legal Opinion

McCain v. Galloway

Court of Appeals of Georgia

Decided May 20, 2004No. A04A0032PublishedCited by 20 opinions

1Opinion of the Court

ANDREWS, Presiding Judge.

Tyler McCain and Neel Creech, Jr. appeal from the trial court’s order confirming Galloway’s nonjudicial foreclosure sale pursuant to OCGA § 44-14-161, contending that Galloway lacked standing and authority to initiate the foreclosure proceeding and that the fair market value of the property was not proven.

A confirmation proceeding is a statutory proceeding limited to determining only that the sale was properly advertised and brought the fair market value of the land on the date of sale. Harris & Tilley, Inc. v. First Nat. Bank &c., 157 Ga. App. 88, 91 (5) (276 SE2d…

2Cases cited13 opinions

  1. Thompson v. MasliaCourt of Appeals of Georgia · 1972
  2. Vlass v. Security Pacific National BankSupreme Court of Georgia · 1993
  3. Wall v. FEDERAL LAND BANK COLUMBIASupreme Court of Georgia · 1977
  4. Tarleton v. Griffin Federal Savings BankCourt of Appeals of Georgia · 1992
  5. Sparti v. JoslinCourt of Appeals of Georgia · 1998

8 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Bank of North Georgia v. Windermere Development, Inc.Court of Appeals of Georgia · 2012
  2. Wilson v. Prudential Industrial Properties, LLCCourt of Appeals of Georgia · 2005
  3. Hudson Trio, LLC v. Buckhead Community BankCourt of Appeals of Georgia · 2010
  4. White Oak Homes, Inc. v. Community Bank & TrustCourt of Appeals of Georgia · 2012
  5. Boring v. STATE BANK AND TRUST CO.Court of Appeals of Georgia · 2010

15 more not listed; retrieve them via the Exa API.

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