Persons holding liens on property in the hands of a receiver may be made parties to the case at any time. Unless otherwise provided in the order, liens upon the property held by any parties to the record, shall be dissolved by the receiver’s sale and transferred to the funds arising from the sale of the property.
History. Civil Code 1895, § 4911; Civil Code 1910, § 5486; Code 1933, § 55-312.
History of Code section.
The language of this Code section is derived in part from the decisions in Akerman v. Moon, 81 Ga. 688 , 8 S.E. 321 (1888), Sullivan v. McDonald, 86 Ga. 78 , 12 S.E. 215 (1890), and Trautwein v. McKinnon, 90 Ga. 301 , 16 S.E. 85 (1892).
Law reviews.
For article, “Buying Distressed Commercial Real Estate: What are the Alternatives?,” see 16 (No. 4) Ga. St. B.J. 18 (2010).
Structure Georgia Code
§ 9-8-1. Appointment of Receiver — Grounds Generally
§ 9-8-2. Appointment of Receiver — to Protect Trust or Joint Property
§ 9-8-3. Appointment of Receiver — to Hold Assets Liable for Debt; Appointment Without Notice; Terms
§ 9-8-4. Caution to Be Exercised in Appointing Receiver
§ 9-8-5. Intervention of Persons Asserting Equitable Remedies
§ 9-8-6. Lienholders Made Parties; Divestment by Receiver’s Sale
§ 9-8-7. Investment of Funds in Receivership
§ 9-8-8. Receiver an Officer of Court; Subject to Court’s Orders or Removal
§ 9-8-9. To Which Court Receivers of Corporations Amenable
§ 9-8-11. Liability of Receiver Where Bank Fails
§ 9-8-12. Garnishment Not Available Against Receiver
§ 9-8-13. Award of Attorneys’ and Receivers’ Fees; How Determined
§ 9-8-14. Expenses of Giving Bond Allowable as Cost of Administration