An endorsement to order or in blank by the payee of a mortgage note gives the endorsee or the holder for value the right to foreclose the mortgage in his own name. A mortgage transferred without written assignment may be foreclosed in the name of the mortgagee bringing the action for the use of such assignee; and proceedings begun in the name of the transferee may be amended by making the mortgagee a party before or after the judgment.
History. Civil Code 1895, § 2745; Civil Code 1910, § 3278; Code 1933, § 67-203.
History of Section.
This Code section was codified from the decisions of Nicholson v. Whaley, 90 Ga. 257 , 16 S.E. 84 (1892); Burgwyn & Bros. Tobacco Co. v. Bentley & Co., 90 Ga. 508 , 16 S.E. 216 (1892), and Setze v. First Nat’l Bank, 140 Ga. 603 , 79 S.E. 540 (1913). It appeared for the first time in the Code of 1895.
Structure Georgia Code
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens
Part 2 - Foreclosure on Mortgages
§ 44-14-180. Manner of Foreclosing; Petition; Rule; Venue
§ 44-14-181. Proceedings by Personal Representative When Mortgagee Deceased
§ 44-14-182. Foreclosure by Transferee
§ 44-14-183. Proceedings Against Personal Representative When Mortgagor Deceased
§ 44-14-184. Defense Against Foreclosure; Verification
§ 44-14-187. Judgment; Sale of Mortgaged Property
§ 44-14-188. Effect of Judgment on One Purchasing During Pendency of Proceedings
§ 44-14-189. Rights of Purchaser at Void or Irregular Sale
§ 44-14-190. Disposition of Proceeds
§ 44-14-191. Treatment of Proceeds of Sale When Debt Due in Installments