Cartersville Developers, LLC v. Georgia Bank & Trust

SMITH, Presiding Judge.

Cartersville Developers, LLC, appeals from the Bartow County Superior Court’s order confirming a foreclosure sale by Georgia Bank & Trust. Because the trial court applied the wrong legal standard when confirming the foreclosure, we must vacate its order and remand this case for further proceedings.

“At a confirmation hearing, the judge sits as the trier of fact and his findings and conclusions have the effect of a jury verdict; therefore, the trial judge’s findings should not be disturbed by this court if there is any evidence to support them.” (Citations and punctuation…