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Part 1 - In General
§ 44-14-160. Filing of Foreclosure and Deed Under Power; Penalty for Late Payment - History. Ga. L. 1975, p. 422, § 1; Ga. L....
§ 44-14-161. Sales Made on Foreclosure Under Power of Sale; When Deficiency Judgment Allowed; Confirmation and Approval; Notice and Hearing; Resale - History. Ga. L. 1935, p. 381, § 1. Law reviews....
§ 44-14-162. Sales Made on Foreclosure Under Power of Sale; Manner of Advertisement and Conduct Necessary for Validity; Filing - History. Ga. L. 1935, p. 381, § 2; Ga. L....
§ 44-14-162.1. “Debtor” Defined - As used in Code Sections 44-14-162.2 through 44-14-162.4, the term...
§ 44-14-162.2. Mailing or Delivery of Notice to Debtor; Procedure - History. Ga. L. 1981, p. 834, § 2; Ga. L....
§ 44-14-162.3. Waiver or Release of Notice Requirement - No waiver or release of the notice requirement of Code...
§ 44-14-162.4. Recitals in Deeds as to Meeting of Notice Requirement - All deeds under power shall contain recitals setting forth the...
§ 44-14-163. Vacation of Certain Judgments Prior to Sale; Jurisdiction, Power, and Authority - When a judgment is rendered upon any obligation secured by...
§ 44-14-164. Vacation of Certain Judgments Prior to Sale; Cancellation of Execution; Invalidation of Deed Made for Purpose of Levy and Sale; Notation on Record - Whenever a judgment is so vacated and set aside, the...
§ 44-14-165. Vacation of Certain Judgments Prior to Sale; Effect - When a judgment is vacated and set aside as provided...
Part 2 - Foreclosure on Mortgages
§ 44-14-180. Manner of Foreclosing; Petition; Rule; Venue - Mortgages on real estate may be foreclosed in the following...
§ 44-14-181. Proceedings by Personal Representative When Mortgagee Deceased - If the person entitled to foreclose a mortgage on real...
§ 44-14-182. Foreclosure by Transferee - An endorsement to order or in blank by the payee...
§ 44-14-183. Proceedings Against Personal Representative When Mortgagor Deceased - When the mortgagor is dead, the proceedings to foreclose the...
§ 44-14-184. Defense Against Foreclosure; Verification - When a rule nisi to foreclose a mortgage on real...
§ 44-14-185. Defenses by Third Persons; Right of Purchaser Not Party to Foreclosure to Go Behind Judgment - If the mortgagor or his special agent or attorney fails...
§ 44-14-186. Jury Trial - When proceedings to foreclose a mortgage shall be instituted and...
§ 44-14-187. Judgment; Sale of Mortgaged Property - When the mortgagor, after being directed so to do, fails...
§ 44-14-188. Effect of Judgment on One Purchasing During Pendency of Proceedings - After proceedings to foreclose the mortgage have been begun, a...
§ 44-14-189. Rights of Purchaser at Void or Irregular Sale - A purchaser at a void or irregular judicial sale under...
§ 44-14-190. Disposition of Proceeds - The money arising from the sale of mortgaged property sold...
§ 44-14-191. Treatment of Proceeds of Sale When Debt Due in Installments - If the mortgage is given to secure a debt due...
Part 3 - Foreclosure of Deeds to Secure Debt, Purchase Contracts, and Bonds for Title
§ 44-14-210. Execution and Recordation of Quitclaim Deed Following Judgment; Levy and Sale; Disposition of Proceeds; Notice - History. Laws 1847, Cobb’s 1851 Digest, p. 517.; Laws 1850,...
§ 44-14-211. Attachment Against Grantor in Deed to Realty to Secure Debt; Execution and Recordation of Quitclaim, Levy, and Deed Following Judgment; Sale; Disposition of Proceeds - In all cases where a deed to land has been...
Part 4 - Foreclosures on Personalty
Subpart 1 - In General
§ 44-14-230. Authority to Foreclose; Execution; Sale - History. Laws 1799, Cobb’s 1851 Digest, p. 571; Laws 1839,...
§ 44-14-231. Petition for Writ of Possession; Affidavit - Upon a statement of the facts under oath, any person...
§ 44-14-232. Summons; Service on Defendant; Debtor’s Duty to Notify Creditor of Address Changes; Form - Click to view “IN THE COURT OF COUNTY STATE OF...
§ 44-14-233. Answer; Reopening the Default; Granting Writ Upon Default; Trial; Order to Turn Over Property to Sheriff or Other - Click to view “IN THE COURT OF COUNTY STATE OF...
§ 44-14-234. Payment Into Court; Issuance of Writ; Possession and Disposition of Property Pending Resolution; Disposition of Payments - In any foreclosure action, the defendant shall comply with the...
§ 44-14-235. Appeals; Possession Pending Appeal - Any judgment by the court shall be appealable pursuant to...
§ 44-14-236. Execution and Levy; Retention by Plaintiff; Sale - Whenever a writ of possession is granted pursuant to a...
§ 44-14-237. Transfer, Movement, or Conveyance of Property by Defendant After Posting of Bond - In all cases where the defendant may desire to transfer,...
§ 44-14-238. Foreclosure When Debts Due in Installments; Treatment of Surplus - If a mortgage on personalty is given to secure several...
§ 44-14-239. Foreclosure Before Debt Due; Grounds; Affidavit - Whenever a process of attachment may be legally brought against...
§ 44-14-240. Foreclosure Before Debt Due; Levy and Sale; Disposition of Proceeds - All subsequent proceedings respecting the levy and sale of the...
§ 44-14-241. Foreclosure Before Debt Due; Affidavit of Illegality; Bond; Trial of Issue - After the levy of the execution on the mortgaged property,...
Subpart 2 - Foreclosures Arising Out of Commercial Transactions
§ 44-14-260. Definitions - As used in this subpart, the term: History. Code 1933,...
§ 44-14-261. Petition for Immediate Writ of Possession; Verification; Exemption of Consumer Transactions - Any person seeking to foreclose an interest in personal property...
§ 44-14-262. Grounds for Immediate Writ of Possession - The petitioner seeking an immediate writ of possession shall allege...
§ 44-14-263. Bond or Waiver Required - The petition for an immediate writ of possession shall be...
§ 44-14-264. Issuance of Writ; Procedure When Showing Insufficient - The court before which the petition is pending shall issue...
§ 44-14-265. Service of Notice to Defendant - When an immediate writ of possession has been granted, a...
§ 44-14-266. Execution and Levy - Upon the granting of a writ of immediate possession, the...
§ 44-14-267. Time for Filing Defenses - At any time prior to the sale or other final...
§ 44-14-268. Motion for Dissolution of Writ; Payment of Claim or Furnishing of Bond; Procedure Upon Dissolution of Writ - History. Code 1933, § 67-716, enacted by Ga. L. 1975,...
§ 44-14-269. Default Judgment - Upon the failure of the defendant to appear and answer...
Subpart 3 - Foreclosures on Bills of Sale or Contracts Retaining Title
§ 44-14-280. Manner of Foreclosure - The owner of any bill of sale or written contract...
§ 44-14-281. Proceedings After Foreclosure; Defenses - In the event any bill of sale is foreclosed as...
§ 44-14-282. Levy and Sale Following Execution and Recording of Bill of Sale to Defendant; Priorities; Disposition of Proceeds - When any judgment has been or shall be rendered in...
Subpart 4 - Foreclosures in Magistrate Court
§ 44-14-300. Amount of Mortgage; Filing of Affidavit; Execution - Any person having a mortgage on personal property to secure...
§ 44-14-301. Notice to Mortgagor - It shall be the duty of the magistrate with whom...
§ 44-14-302. Levy and Sale of Property; Advertisement - When the execution provided for by Code Section 44-14-300 is...
§ 44-14-303. Defenses by Mortgagor; Hearing in Magistrate’s Court - The mortgagor may avail himself of any defense he may...