HERNANDEZ v. RESOLUTION TRUST CORPORATION, 210 Ga. App. 538

Summary

The debtor defaulted on a loan secured by a deed of trust and the lender conducted a non-judicial foreclosure sale. The RTC, as successor to the lender, presented a report of the sale and sought confirmation from the magistrate judge sitting as presiding judge of the superior court of that county. The presiding judge executed the acknowledgement of the report of the sale. At the hearing on confirmation of the sale, the debtor argued that the requirement in Ga. Code Ann. § 44-14-161(a) that the report of sale was to be presented to the judge of the superior court in which the land was located meant the specific judge to whom the case was assigned. The judge assigned to the case denied the debtor's contention and affirmed the sale. The court held that the language of Ga. Code Ann. § 44-14-161(1) was clear that the report was to be made to a judge of the superior court of the county in which the land was located, and concluded that the presentation of the report to the presiding judge ...