282 Ga. 284
S07A0519. VEREEN v. DEUTSCHE BANK NATIONAL TRUST
Hunstein, Presiding Justice.
Appellant Solomon Vereen appeals from the trial court's order adopting
the special master's ruling on summary judgment in favor of appellee Deutsche
Bank National Trust Company in the quiet title actions each party initiated
regarding the same parcel of residential property on Vista Point Trail in Stone
Mountain, Georgia. For the reasons that follow, we affirm.
The uncontroverted evidence established that the property was originally
owned by Roebuck and served to secure a loan upon which Roebuck defaulted.
Osmond Consulting, LLC, the assignee of the holder of the security deed,
instituted foreclosure proceedings. Roebuck filed for bankruptcy relief eight
days before the scheduled foreclosure sale, thereby invoking the automatic stay
provision in 11 USC § 362 (a). Osmond filed an emergency motion for relief
from the automatic stay on January 7, 2003, which was the same day Osmond
purchased the property at the foreclosure sale. Osmond's motion was not heard
until February 6, at which time it was granted. Osmond also filed an
1 Although the August order expressly referenced only the bankruptcy court's
February order, its language implicitly included the April order annulling the stay.
amendment to its emergency motion to have its January foreclosure sale
validated by an amendment of the stay. On April 7, the bankruptcy court
annulled the stay based on its finding that Roebuck filed the case in bad faith to
avoid the foreclosure. See 11 USC § 362 (d). Two days after this order was
filed, the deed under power from the January foreclosure sale was recorded in
DeKalb County. Nothing in the record reflects that Roebuck or appellant
Vereen, who purchased the property from Roebuck approximately two weeks
after the deed under power was recorded, has taken any steps to set aside the
foreclosure sale and deed under a power of sale.
In August 2003, four months after the deed under power conveyed the