Shantha v. West Georgia Nat'l Bank, 244 S.E.2d 643 (Ga. Ct. App. 1978). · Go Syfert
Shantha v. West Georgia Nat'l Bank, 244 S.E.2d 643 (Ga. Ct. App. 1978). Cases Citing This Book View Copy Cite
51 citation events (21 in the last 25 years) across 7 distinct courts.
Strongest positive: Yellow Creek Investments, LLC v. Multibank 2009-1 Cre Venture, LLC (gactapp, 2014-11-13)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
Top citers, strongest first. 11 distinct citers.
discussed Cited as authority (rule) Yellow Creek Investments, LLC v. Multibank 2009-1 Cre Venture, LLC (2×) also: Cited "see"
Ga. Ct. App. · 2014 · confidence medium
Bank, 145 Ga. App. 712, 713 ( 244 SE2d 643 ) (1978), we held that a foreclosure advertisement’s property description, which corrected “misdescriptions in the warranty deed and loan deed,” was “fully adequate.” There also was evidence that the discrepancies between the incorrect description in the deed to secure debt and the correct description in the advertisement did not chill the bidding.
discussed Cited as authority (rule) River Walk Farm Lp v. First Citizens Bank and Trust Company Inc.
Ga. Ct. App. · 2013 · confidence medium
Bank, 145 Ga. App. 712, 713 ( 244 SE2d 643 ) (1978) (error in legal description in warranty deed and security deed); Oates v. Sea Island Bank, 172 Ga. App. 178, 179 (2) (a) ( 322 SE2d 291 ) (1984) (error in legal description in advertisement).
discussed Cited as authority (rule) River Walk Farm, L.P. v. First Citizens Bank & Trust Co.
Ga. Ct. App. · 2013 · confidence medium
Bank, 145 Ga. App. 712, 713 ( 244 SE2d 643 ) (1978) (error in legal description in warranty deed and security deed); Oates v. Sea Island Bank, 172 Ga. App. 178, 179 (2) (a) ( 322 SE2d 291 ) (1984) (error in legal description in advertisement).
cited Cited as authority (rule) In Re Cooper
Bankr. E.D. Tenn. · 2004 · confidence medium
Shantha v. West Georgia National Bank, 145 Ga.App. 712 , 244 S.E.2d 643, 644 (1978).
cited Cited as authority (rule) Williams v. South Central Farm Credit, ACA
Ga. Ct. App. · 1994 · confidence medium
Bank, 145 Ga. App. 712, 713 ( 244 SE2d 643 ) (1978) (reference to unrecorded plat).
cited Cited as authority (rule) Concept Management, Ltd. v. Carpenter
Ga. Ct. App. · 1991 · confidence medium
Bank, 145 Ga. App. 712, 714 ( 244 SE2d 643 ) (1978).” Oates v. Sea Island Bank, 172 Ga. App. 178 (2), 179, supra. Decided April 2, 1991.
cited Cited as authority (rule) Oates v. Sea Island Bank
Ga. Ct. App. · 1984 · confidence medium
Bank, 145 Ga. App. 712, 714 ( 244 SE2d 643 ) (1978).
discussed Cited as authority (rule) Weems v. McCloud
5th Cir. · 1980 · confidence medium
In Shantha , the Georgia Court of Appeals stated that “the court’s inquiry should go only to the value of the real estate on the date of sale, in the course of the examination to determine which the fairness of the technical procedures used may be examined, but only for the purpose of making sure that the sale was not chilled and the price bid was in fact market value.” 145 Ga.App. at 712, 244 S.E.2d at 644. .
discussed Cited as authority (rule) ca5 1980
5th Cir. · 1980 · confidence medium
The court may, for good cause shown, order a resale of the property. 9 In Shantha, the Georgia Court of Appeals stated that "the court's inquiry should go only to the value of the real estate on the date of sale, in the course of the examination to determine which the fairness of the technical procedures used may be examined, but only for the purpose of making sure that the sale was not chilled and the price bid was in fact market value." 145 Ga.App. at 712, 244 S.E.2d at 644 10 While the Georgia Supreme Court in National Community Builders, Inc. v. Citizens & Southern National Bank, 232 Ga. 5…
discussed Cited "see, e.g." Cummings v. Anderson (In re Cummings) (2×)
D. Ga. · 1994 · signal: see also · confidence low
Further, while not every irregularity or deficiency provides a basis for voiding a foreclosure sale under power, “[t]he crucial point of the inquiry ... is to insure that the sale was not chilled and the price bid was in fact market value.” Stripling v. Farmers & Merchants-Bank, 175 Ga.App. 75, 76 , 332 S.E.2d 373 (1985); see also Shantha v. West Ga. Nat’l Bank, 145 Ga.App. 712 , 244 S.E.2d 643 (1978).
discussed Cited "see, e.g." Federal Deposit Insurance Corporation v. Larry P. Dye, A/K/A Lukey P. Dye, Federal Deposit Insurance Corporation v. Jerry B. Dye (2×)
5th Cir. · 1981 · signal: see, e.g. · confidence low
See, e. g., Shantha v. West Georgia National Bank, 145 Ga.App. 712 , 244 S.E.2d 643 (1978); Jonesboro Investment Trust Assoc. v. Donnelly, 141 Ga. App. 780 , 234 S.E.2d 349 (1977).
Shantha
v.
West Georgia National Bank
55576.
Court of Appeals of Georgia.
Apr 20, 1978.
244 S.E.2d 643
Trauner, King & Cohen, Kevin S. King, Janet L. Haynes, for appellant., Tuggle & Sullivan, S. James Tuggle, Robert H. Sullivan, Henry C. Head, for appellee.
Deen, Smith, Banke.
Cited by 22 opinions  |  Published
Deen, Presiding Judge.

The primary issue at a hearing for confirmation of a foreclosure sale under power, which is a condition precedent to an action for deficiency judgment, is a judicial ascertainment that the property brought at least its true market value on the foreclosure sale. Code Ann. § 67-1504. The court must also pass on the "legality of the notice, advertisement and regularity of the sale.” Code § 67-1505. By inference, if the sale is irregular (i.e., not conducted in the usual manner of sheriffs sales; Code Ann. § 67-1506) or if either the notice or the advertisement does not substantially meet legal requirements, the sale should be set aside. But not every irregularity or deficiency at this point will void the sale, for as stated in Hamilton Mtg. Corp. v. Bowles, 142 Ga. App. 882 (237 SE2d 198) (1977), the court’s inquiry should go only to the value of the real estate on the date of sale, in the course of the examination to determine which the fairness of the technical procedures used may be examined, but only for the purpose of making sure that the sale was not chilled and the price bid was in fact market value.

Two witnesses who testified as to value placed the amount at or less than the purchase price. Enumerations of error contending that the bid was too low are without merit.

The remaining enumerations attack the various[*713] deed descriptions in the loan deed, the advertisement, and the affidavit. For example, in both the warranty deed and the deed to secure debt there is an obvious typographical error in that, instead of referring to the intersection of U. S. Highway 78 and Center Point Road, the description designates an intersection of U. S. Highway 78 with U. S. Highway 78. This is corrected in the foreclosure deed and advertisement. Both the foreclosure deed and advertisement also refer to a certain plat by name, date, and names of surveyors, and all these documents show the same district, the same courses and distances, and the same land lots. Further, the land involved is a large irregularly shaped piece which frequently refers either to adjoining property owners, streams, or roads, both named and unnamed, in setting out the various metes and bounds. "An inaccuracy in a deed does not necessarily make it void. Johnson v. McKay, 119 Ga. 196 (3) (45 SE 992, 100 ASR 166); Burson v. Shields, 160 Ga. 723 (5) (129 SE 22); Copeland v. Carpenter, 206 Ga. 822 (4) (59 SE2d 245).” Pressley v. Jennings, 227 Ga. 366, 367 (180 SE2d 896) (1971). In that case the adjoining property was incorrectly described in the deed as being on the east side of the tract when it was in fact on the west side. Here the inaccuracy is equally flagrant. Further, the roads are shown on the plat described in the warranty and security deeds and are correctly stated in the legal advertisement for foreclosure. The fact that the plat was not recorded, so long as it exists, does not disqualify it as a sufficient key to what is meant to correct the typographical error. Ga. Loan &c. Co. v. Dyer, 233 Ga. 957, 958 (213 SE2d 864) (1975); Duncan v. Frye, 236 Ga. 351 (223 SE2d 712) (1976). "If the premises are so referred to as to indicate [an] intention to convey a particular tract of land, extrinsic evidence is admissible to show the precise location and boundaries of such tract.’’ Hedden v. Hilton, 236 Ga. 641, 642 (225 SE2d 39) (1976).

It thus appears that the description in the advertisement is fully adequate, that the misdescriptions in the warranty deed and loan deed are mere typographical errors, that reversing the order of the designated metes and bounds, which is permissible, would serve to correct the mistake, and that in any event[*714] the trial court in this confirmation sale is not concerned with whether or not the prior deed descriptions were sufficient so long as any error or insufficiency did not contribute to chilling the price on the sale of the property or serve to void the advertisement. We agree that the advertisement should meet the requirements of Code § 39-1101 in stating "a full and complete description of the property.” Nothing in this record suggests that the description as contained in the advertisement was void or that it was either so unclear or incomplete as to have the effect of chilling the sale.

Argued April 3, 1978 Decided April 20, 1978. Trauner, King & Cohen, Kevin S. King, Janet L. Haynes, for appellant. Tuggle & Sullivan, S. James Tuggle, Robert H. Sullivan, Henry C. Head, for appellee.

The trial court properly entered judgment confirming the sale.

Judgment affirmed.

Smith and Banke, JJ., concur.