Georgia Code
Article 2 - Mortgages
§ 44-14-43. Foreclosure of Mortgage After Note Barred by Limitations

The fact that a note or other evidence of debt is barred does not prevent a creditor from thereafter availing himself of the mortgage or other security unless the mortgage or other security itself is barred.
History. Civil Code 1895, § 2735; Civil Code 1910, § 3268; Code 1933, § 67-116.
History of Section.
This Code section is derived from the decisions in Elkins v. Edwards, 8 Ga. 325 (1849) and Reid v. Flippen, 47 Ga. 273 (1872).

Structure Georgia Code

Georgia Code

Title 44 - Property

Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens

Article 2 - Mortgages

§ 44-14-30. Mortgage as Security Only; Effect on Title

§ 44-14-31. Form and Contents of Mortgage

§ 44-14-32. Use of Parol Evidence to Prove Apparent Deed a Mortgage

§ 44-14-33. Attestation or Acknowledgment of Mortgage; Additional Witness in Case of Land; Constructive Notice

§ 44-14-34. Signing of Mortgages Executed Outside State

§ 44-14-35. Recording of Mortgages on Realty; Effect of Renewed Mortgage as Lien Absent Recordation

§ 44-14-35.1. Property Covered by Mortgage or Bill of Sale to Secure Debt; Mortgage or Bill Given to Secure Bond Issue

§ 44-14-36. Registry of Mortgages on Property of Railroads and Other Utilities

§ 44-14-39. Effect of Defective Record as Notice

§ 44-14-40. Probate of Mortgages

§ 44-14-41. Tacking of Mortgages

§ 44-14-42. Mortgages to Sureties and Guarantors

§ 44-14-42.1. Redemption of Property by Mortgagor

§ 44-14-43. Foreclosure of Mortgage After Note Barred by Limitations

§ 44-14-44. Sale of Mortgaged Land Under Other Process; Claiming Proceeds of Sale

§ 44-14-45. Forthcoming Bond by Purchaser of Mortgaged Personalty; Affidavit of Mortgagee

§ 44-14-46. When Mortgage Fi. Fa. May Claim Proceeds of Sale

§ 44-14-47. Sale of Mortgaged Property Without Foreclosure and Claim by Mortgagee

§ 44-14-48. Foreclosure by One of Several Mortgagees; Control and Distribution of Proceeds by Court

§ 44-14-49. Right of Holder of Mortgage to Foreclose in Equity