After proceedings to foreclose the mortgage have been begun, a purchaser from the mortgagor shall be bound by the judgment of foreclosure.
History. Civil Code 1895, § 2376; Civil Code 1910, § 3269; Code 1933, § 67-402.
History of Section.
This Code section was codified from the decision of Stokes v. Maxwell, 59 Ga. 78 (1877), which held that the purchaser of land subject to the lien of the mortgage, who buys after the mortgagor has been sued and served with the rule nisi to foreclose the mortgage, will be concluded by the judgment of foreclosure, although the mortgagor was not served until after the term to which the rule was returnable.
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