Blue Marlin Development, LLC v. Branch Banking & Trust Co.

Miller, Chief Judge.

Following its February 19, 2009 hearing in this case, the trial court confirmed the nonjudicial foreclosure sale of 12.373 acres of unimproved land owned by Blue Marlin Development, Inc. (“Blue Marlin”) to Branch Banking & Trust Company (“BB&T”). In doing so, the trial court found that BB&T had proved, by a preponderance of the evidence, that the true market value 1 of the Property on the date of the foreclosure sale was equal to the $450,000 purchase price BB&T paid for the Property. Arguing that a de novo standard of review is controlling, Blue Marlin appeals, contending…