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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 44. PROPERTY |
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Chapter 14. MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS |
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Article 7. FORECLOSURE |
| Part 1. IN GENERAL |
| § 44-14-160. Recording of foreclosure and deed under power; notations of sale in records |
| § 44-14-161. Sales made on foreclosure under power of sale -- When deficiency judgment allowed; confirmation and approval; notice and hearing; resale |
| § 44-14-162. Sales made on foreclosure under power of sale -- Manner of advertisement and conduct necessary for validity; filing |
| § 44-14-162.1. Sales made on foreclosure under power of sale -- Mailing of notice to debtor -- "Debtor" defined |
| § 44-14-162.2. Sales made on foreclosure under power of sale -- Mailing or delivery of notice to debtor -- Procedure |
| § 44-14-162.3. Sales made on foreclosure under power of sale -- Waiver or release of notice requirement |
| § 44-14-162.4. Sales made on foreclosure under power of sale -- Recitals in deeds as to meeting of notice requirement |
| § 44-14-163. Vacation of certain judgments prior to sale -- Jurisdiction, power, and authority |
| § 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 |
| § 44-14-165. Vacation of certain judgments prior to sale -- Effect |
| Part 2. FORECLOSURE ON MORTGAGES |
| § 44-14-180. Manner of foreclosing; petition; rule; venue |
| § 44-14-181. Proceedings by personal representative when mortgagee deceased |
| § 44-14-182. Foreclosure by transferee |
| § 44-14-183. Proceedings against personal representative when mortgagor deceased |
| § 44-14-184. Defense against foreclosure; verification |
| § 44-14-185. Defenses by third persons; right of purchaser not party to foreclosure to go behind judgment |
| § 44-14-186. Jury trial |
| § 44-14-187. Judgment; sale of mortgaged property |
| § 44-14-188. Effect of judgment on one purchasing during pendency of proceedings |
| § 44-14-189. Rights of purchaser at void or irregular sale |
| § 44-14-190. Disposition of proceeds |
| § 44-14-191. Treatment of proceeds of sale when debt due in installments |
| 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 |
| § 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 |
| Part 4. FORECLOSURES ON PERSONALTY |
| Subpart 1. IN GENERAL |
| § 44-14-230. Authority to foreclose; execution; sale |
| § 44-14-231. Petition for writ of possession; affidavit |
| § 44-14-232. Summons; service on defendant; debtor's duty to notify creditor of address changes; form |
| § 44-14-233. Answer; reopening the default; granting writ upon default; trial; order to turn over property to sheriff or other |
| § 44-14-234. Payment into court; issuance of writ; possession and disposition of property pending resolution; disposition of payments |
| § 44-14-235. Appeals; possession pending appeal |
| § 44-14-236. Execution and levy; retention by plaintiff; sale |
| § 44-14-237. Transfer, movement, or conveyance of property by defendant after posting of bond |
| § 44-14-238. Foreclosure when debts due in installments; treatment of surplus |
| § 44-14-239. Foreclosure before debt due -- Grounds; affidavit |
| § 44-14-240. Foreclosure before debt due -- Levy and sale; disposition of proceeds |
| § 44-14-241. Foreclosure before debt due -- Affidavit of illegality; bond; trial of issue |
| Subpart 2. FORECLOSURES ARISING OUT OF COMMERCIAL TRANSACTIONS |
| § 44-14-260. Definitions |
| § 44-14-261. Petition for immediate writ of possession; verification; exemption of consumer transactions |
| § 44-14-262. Grounds for immediate writ of possession |
| § 44-14-263. Bond or waiver required |
| § 44-14-264. Issuance of writ; procedure when showing insufficient |
| § 44-14-265. Service of notice to defendant |
| § 44-14-266. Execution and levy |
| § 44-14-267. Time for filing defenses |
| § 44-14-268. Motion for dissolution of writ; payment of claim or furnishing of bond; procedure upon dissolution of writ |
| § 44-14-269. Default judgment |
| Subpart 3. FORECLOSURES ON BILLS OF SALE OR CONTRACTS RETAINING TITLE |
| § 44-14-280. Manner of foreclosure |
| § 44-14-281. Proceedings after foreclosure; defenses |
| § 44-14-282. Levy and sale following execution and recording of bill of sale to defendant; priorities; disposition of proceeds |
| Subpart 4. FORECLOSURES IN MAGISTRATE COURT |
| § 44-14-300. Amount of mortgage; filing of affidavit; execution |
| § 44-14-301. Notice to mortgagor |
| § 44-14-302. Levy and sale of property; advertisement |
| § 44-14-303. Defenses by mortgagor; hearing in magistrate's court |