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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...