After the levy of the execution on the mortgaged property, the defendant may file his affidavit of illegality, in which affidavit he may avail himself of any defense that he could have set up in an ordinary action upon the demand secured by the mortgage and may show that he is not justly indebted to the plaintiff in the sum claimed in the affidavit of foreclosure. The subsequent proceedings, as to the giving of bond and the trial of the issue made in the case, shall be conducted in the manner prescribed by Code Section 44-14-233.
History. Ga. L. 1882-83, p. 109, § 3; Civil Code 1895, § 2756; Civil Code 1910, § 3289; Code 1933, § 67-1004.
Structure Georgia Code
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens
Part 4 - Foreclosures on Personalty
§ 44-14-230. Authority to Foreclose; Execution; Sale
§ 44-14-231. Petition for Writ of Possession; Affidavit
§ 44-14-235. Appeals; Possession Pending Appeal
§ 44-14-236. Execution and Levy; Retention by Plaintiff; Sale
§ 44-14-237. Transfer, Movement, or Conveyance of Property by Defendant After Posting of Bond
§ 44-14-238. Foreclosure When Debts Due in Installments; Treatment of Surplus
§ 44-14-239. Foreclosure Before Debt Due; Grounds; Affidavit
§ 44-14-240. Foreclosure Before Debt Due; Levy and Sale; Disposition of Proceeds
§ 44-14-241. Foreclosure Before Debt Due; Affidavit of Illegality; Bond; Trial of Issue