When a rule nisi to foreclose a mortgage on real estate has been granted and published or served as required in Code Section 44-14-180, the mortgagor or his special agent or attorney may appear at the time at which the money is directed to be paid and file his objections to the foreclosure of the mortgage and may set up and avail himself of any defense which he might lawfully set up in an ordinary action instituted on the debt or demand secured by the mortgage and which defense shows that the applicant is not entitled to the foreclosure sought or that the amount claimed is not due; provided, however, that the facts of the defense shall be verified by the affidavit of the mortgagor or his special agent or attorney at the time of the filing of the affidavit.
History. Laws 1799, Cobb’s 1851 Digest, p. 510; Laws 1839, Cobb’s 1851 Digest, p. 572; Code 1863, § 3868; Code 1868, § 3888; Code 1873, § 3964; Code 1882, § 3964; Civil Code 1895, § 2746; Civil Code 1910, § 3279; Code 1933, § 67-301.
Law reviews.
For annual survey of real property law, see 57 Mercer L. Rev. 331 (2005).
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