Breeze v. Columbus Bank & Trust Co.

Birdsong, Presiding Judge.

Thomas R. Breeze appeals the judgment of the superior court confirming a foreclosure sale under power by Columbus Bank & Trust Company (“CB&T”). Breeze contends the confirmation was not authorized because CB&T did not give timely notice of the sale to the court in accordance with OCGA § 44-14-161. Held;

The record shows that after proper notice and advertisement, a foreclosure sale was conducted on May 3, 1993. Thereafter, pursuant to the motion of Breeze’s bankruptcy trustee, the bankruptcy Breeze had earlier filed was dismissed on August 20,1993. The superior court…