[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

__________ ______________ No. 13

- 13994 Non

- Argument Calendar

________________________ D.C. Docket No. 1:12

- cv - 00305

- SCJ
PATRICIA SIBLEY, EDWARD KENIMER, JR., Plaintiff s - Appell ants ,
versus NATIONAL CITY MORTGAGE COMPANY., NATIONAL CITY BANK, N.A., PNC MORTGAGE, a Division of PNC Bank, NA, BANK OF AMERICA, NA, UNIDENTIFIED INVESTORS, CREDITORS, REAL PARTIES IN INTEREST & AGENTS NOT YET IDENTIFIED, Defendant s - Appell ees .

______ __________________ Appeal from the United States District Court for the Northern District of Georgia

________________________ (March 17, 2014) Case: 13-13994 Date Filed: 03/17/2014 Page: 1 of 52 Before MARCUS , PRYOR and FAY , Circuit Judges. PER CURIAM: Patricia Sibley and Edward Kenimer Jr. appeal the summary judgment against their amended complaint about a wrongful foreclosure and attempted wrongful foreclosure by National City Mortgage Company, National City Bank, N.A., PNC Mortgage, Bank of America, NA, and unnamed creditors and agents

. The district court dismissed the complaints against Bank of America and the unnamed creditors and agents, and the district court granted summary judgment in favor of National City Mortgage , National City Bank , and PNC

. We affirm. In 2002, Sibley and Kenimer obtained a residential mor tgage loan from Brookhaven Mortgage. Brookhaven assigned the loan to National City Mortgage, which executed a new promissory note and security deed with Sibley and Kenimer

. In 2003, National City Mortgage assigned the loan to Bank of America , but National City Mortgage continued to service the loan. Later, National City Mortgage merged into National City Bank, which merged into P NC. In 2010, Sibley and Kenimer defaulted on the loan, and PNC initiated non

- judicial foreclosure proceedings

. Si bley and Kenimer filed in a Georgia court a motion to enjoin the foreclosure sale, and PNC suspended its foreclosure proceedings and removed the action to the district court. Sibley and Kenimer filed an amend ed complaint that

Case: 13-13994 Date Filed: 03/17/2014 Page: 2 of 53 the mortgage companies and lo an servicers committed wrongful foreclosure and attempted a wrongful foreclos ure by issuing notices and advertisements for the foreclosure that were defective and derogatory, see Ga . Code Ann. §§ 44

- 14

- 162,
44

- 14

- 162.2, and violat ed the Truth in Lending Act, see 15 U.S.C. § 1641(g). S ibley and Kenimer also complained that PNC committed “servicer abuse” by engaging in a “pattern of bad faith, unreasonableness and unfairness” in response
to their re quests to modify their loan and “proc eed [ing] to foreclosure before a final written denial of their loan modification request.” See Ga. Code Ann. § 23

- 2

- 114. The district court dismissed in part and entered summary judgment in part against Sibley and Kenimer’s complaint. The district court dismissed without prejudice the complaint against Bank of America for failure to perfect service of
process , see id

. § 9

- 11

- 4(e)(1)(A); Fed. R. Civ. P. 4(h)(1), and the complaint against the unnamed creditors and agents for fail ure to identify the parties with specificity , see Richardson v. Johnson , 598 F.3d 734 , 738 ( 11 th Cir

. 2010 ) . The district court entered summary judgment in favor of National City Mortgage and National City Bank because their liabilities had been assumed by their successor entity, P NC. See Ga. Code Ann. § 14

- 2

- 1106(a)(1)

– (3). The district court also entered summary judgment in favor of PNC on the ground that Sibley and Kenimer’s c omplaint s failed as a matter of law

.

Case: 13-13994 Date Filed: 03/17/2014 Page: 3 of 54 Sibley and Ke n imer have abandoned any challenge s they might have made to the dismissal of the complaint s against Bank of America and the unnamed creditors and agents or to the s ummary judgment in favor of National City Mortgage and National City Bank. It is well settled in this Circuit that a party abandons an issue “by failing to list or otherwise state it as an issue on appeal

. ” Hamilton v. Southland Christian Sch., Inc. , 680 F.3d 1316, 1318 (11th Cir. 2012)

. Because Sibley and Ke n imer fail to contest the four adverse rulings , we deem any challenge t hey might have made to those rulings abandoned

. The district court did not err by entering summary judgment in favor of PNC. Sibley and Kenimer complained about a wrongful foreclosure, but in the absence of a “ sale of the property, [they] suffered no legal injury and proved no actual damages ” to support their claim for relief, Aetna Fin. Co. v. Culpepper , 320 S.E.2d 228, 232 (Ga. Ct. App. 1984)

. Sibley and Kenimer also complained about “servicer abuse,” but their allegations that PNC fail ed to “fairly exercise” its “[p]owers of sale,” Ga. Code Ann. § 23

- 2

- 114, pertain to their right to damages for the tort of wrongful foreclosure, s ee Racette v. Bank of Am. , 733 S.E.2d 457, 462 (Ga. Ct. App. 2012) , and do not support a separate claim for relief. And Sibley and Kenimer ’s a dmi ssion that they defaulted on their loan defeated their complaint that
PNC attempted a wrongful foreclosure

. Because Sibley and Kenimer were in default, t he notices and advertisements of the foreclosure did not contain “ untrue

Case: 13-13994 Date Filed: 03/17/2014 Page: 4 of 55 and derogatory information concerning [ their ] financial condition

. ” Aetna Fin.
Co. , 320 S.E.2d at 232

. S ibley and Kenimer argue that a genuine dispute exists about whether a private investor owns the loan and whether PNC has authority to negotiate and modify the loan, but declarations submitted by Chris James, a Vice President of Bank of America, and Brian Arthur, an Assistant Vice President of
PNC , e stablished , without dispute, that Bank of Americ a owns the loan and PNC has authority to negotiate and modify the mortgage. Sibley and Kenimer also argue that the notices of sale were defective because they listed National City Mortgage instead of Bank of America as the secured creditor , but a secured creditor d oes not have to be identified in the notice of sale , see You v. JP Morgan Chase Bank , 743 S.E.2d 428, 433 (Ga. 2013)

. That PNC misidentifi ed the secured creditor in a foreclosure newspaper advertisement is of no moment because Sibley and Kenimer d id not contend that the irregularity affected the value of the property. See Babalola v. HSBC Bank, USA , N.A. , 751 S.E.2d 545, 550 (Ga. Ct. App. 2013) (“[I] f the contents of the advertisement of sale are defective in some respect, that defect ‘ will supp ort a wrongful foreclosure claim if the debtor can come forward with evidence that the defects chilled the bidding at the foreclosure sale, causing a grossly inadequate sale price. ’ ” ( quoting Racette , 733 S.E.2d at 462 ) )

. We AFFIRM the summary judgment in favor of PNC Mortgage.

Case: 13-13994 Date Filed: 03/17/2014 Page: 5 of 5