ADAMS, Judge.
Hugh A. McInnis, James A. Bouchillon and McIbo Investments, LLC appeal the order of the trial court confirming the sale of property following a nonjudicial foreclosure sale.
The only issue before us on appeal is whether the evidence supported the trial court's finding that the requirements for publication of the notice of sale under power were satisfied. Specifically, appellants argue that the trial court improperly relied upon hearsay to find that the Bank met its burden
OCGA § 9-13-140(a) provides for the manner in which notice of foreclosure sales must be advertised.
The attorney who handled the sale for the Bank testified at the confirmation hearing. He testified that he prepared a notice of sale under power, and that notice was introduced into evidence. He further testified that he transmitted the notice to the Barrow County News as an attachment via e-mail, and that e-mail, as well as a reply e-mail acknowledging receipt of the advertisement, was introduced without objection at the hearing. The attorney also testified that he subsequently received another e-mail from the newspaper, indicating that the advertisement was "publishing for October sale." That email further advised that tearsheets and proof ads were available online at the newspaper's website, and it does not appear that the advertisement was attached to the email. This e-mail was admitted over appellants' hearsay objection. Lastly, the publisher's affidavit was also admitted into evidence without objection. That affidavit, which certified that "the ad for Notice of Sale Under Power concerning McIbo Investments, LLC has been published" for the specified four consecutive weeks prior to the sale, was likewise admitted without objection; the advertisement or a copy of the advertisement that was published was not attached to the affidavit nor were the contents of the advertisement included in the affidavit.
Following the hearing, the trial court confirmed the sale, rejecting appellant's argument that "at most" the Bank had shown the contents of the advertisement were transmitted to the newspaper for publication but that it had failed to present sufficient admissible evidence to show the contents of the advertisement that was actually published prior to the sale. Pretermitting appellants' hearsay or best evidence arguments, we agree that although the evidence showed that the advertisement the Bank submitted for publication to the newspaper complied with the requirements set forth in OCGA § 9-13-140(a), the Bank failed to show that the notice that was published complied with that provision. Although the back and forth e-mails referenced the advertisement,
Judgments reversed.
SMITH, P.J., and MIKELL, J., concur.