If a mortgage on realty or personalty is not foreclosed and the equity of redemption is levied on by other writs of fieri facias by consent of the mortgagor and mortgagee and the plaintiff in the fi. fa. levied, the entire estate may be sold and the mortgagee may claim under his lien in the same manner as if his mortgage were foreclosed.
History. Orig. Code 1863, § 3878; Code 1868, § 3898; Code 1873, § 3974; Code 1882, § 3974; Civil Code 1895, § 2759; Civil Code 1910, § 3292; Code 1933, § 67-121.
Structure Georgia Code
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens
§ 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
§ 44-14-34. Signing of Mortgages Executed Outside State
§ 44-14-35. Recording of Mortgages on Realty; Effect of Renewed Mortgage as Lien Absent Recordation
§ 44-14-36. 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