The mortgagor may avail himself of any defense he may have to the foreclosure in the same manner and upon the same conditions as allowed by law in case of foreclosure of chattel mortgages in the superior courts. Whenever any such defense is filed by the mortgagor, the magistrate issuing the execution shall have the power and jurisdiction to hear and determine the issues made thereon as in other cases at law.
History. Ga. L. 1878-79, p. 152, § 3; Code 1882, § 3974c; Civil Code 1895, § 2762; Civil Code 1910, § 3295; Code 1933, § 67-903; Ga. L. 1983, p. 884, § 3-31.
Structure Georgia Code
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens
Part 4 - Foreclosures on Personalty
Subpart 4 - Foreclosures in Magistrate Court
§ 44-14-300. Amount of Mortgage; Filing of Affidavit; Execution
§ 44-14-301. Notice to Mortgagor
§ 44-14-302. Levy and Sale of Property; Advertisement
§ 44-14-303. Defenses by Mortgagor; Hearing in Magistrate’s Court