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LANIER BANK & TRUST CO. v. NIX

No. A96A0564.

471 S.E.2d 229 (1996)

221 Ga. App. 323

LANIER BANK & TRUST COMPANY v. NIX.

Court of Appeals of Georgia.

Reconsideration Denied May 8, 1996.

Certiorari Denied June 28, 1996.

Attorney(s) appearing for the Case

Banks & Stubbs, Rafe Banks III, Cumming, for appellant.

David C. Butler, Marietta, for appellee.

BLACKBURN, Judge.

Lanier Bank & Trust Company (Lanier Bank) appeals the trial court's order dismissing its foreclosure confirmation proceeding. On appeal, Lanier Bank contends the trial court erred in finding that filing a confirmation petition with the clerk of court was insufficient to meet the mandates of OCGA § 44-14-161(a).

OCGA § 44-14-161(a) provides, "[w]hen any real estate is sold on foreclosure, without legal process, and under powers...

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