The money arising from the sale of mortgaged property sold under the regulations prescribed in this part shall be paid to the person foreclosing the mortgage unless claimed by some other lien which by law has priority of payment over the mortgage; and, when there is any surplus after paying off the mortgage and other liens, the surplus shall be paid to the mortgagor or his agent.
History. Laws 1799, Cobb’s 1851 Digest, p. 571; Code 1863, § 3873; Code 1868, § 3893; Code 1873, § 3969; Code 1882, § 3969; Civil Code 1895, § 2751; Civil Code 1910, § 3284; Code 1933, § 67-501.
Law reviews.
For survey article on real property law, see 60 Mercer L. Rev. 345 (2008).
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