Title 44 — Title 44

Before debt due, §44-14-241. Possession by defendant pending final outcome, §44-14-233. Venue, §44-14-231. Property owners’ associations. Lien of assessments against lot owners, §44-3-232. Quitclaim deeds. Bonds for title, conveyances to secure debt, purchase contracts, etc. Attac…

If a mortgage on personalty is given to secure several debts falling due at different times, the mortgagee may foreclose when the first debt becomes due; and the court will control the surplus so as to protect the lien created for the debts not due. History. Orig. Code 1863, § 196…

Whenever a process of attachment may be legally brought against any person upon any debt or demand secured by a mortgage on personal property, or whenever the purchaser of mortgaged property is seeking to remove the property outside of the county, or when the defendant is seeking…

All subsequent proceedings respecting the levy and sale of the mortgaged property shall be conducted in the manner prescribed by law; and the money realized from the sale of the property shall be disbursed by the proper officer under the terms and rules prescribed by law, except …

Petition for writ of possession; affidavit. Summons; service on defendant; debtor’s duty to notify creditor of address changes; form. Answer; reopening the default; granting writ upon default; trial; order to turn over property to sheriff or other. Payment into court; issuance of…

As used in this subpart, the term: (1) “Commercial transaction” means a transaction which gives rise to an obligation to pay for goods sold or leased, services rendered, or moneys loaned for use in the conduct of a business or profession and not for personal consumption. (2) “Con…

Probable cause hearings and full hearings, §44-14-550. Mortgages. Real estate, §44-14-180. Security interest on personal property. Writ of possession, §44-14-231. Forms. Land registration. Petition to register land, §44-2-221. Land registration. Actions for registration begun by,…

The petitioner seeking an immediate writ of possession shall allege 642 44-14-262 MORTGAGES, SECURITY, LIENS 44-14-263 under oath specific facts sufficient to show that it is within the power of the defendant to conceal, waste, encumber, convert, convey, or remove from the jurisdi…

The petition for an immediate writ of possession shall be accompanied by a waiver, as defined in Code Section 44-14-260, or the petitioner shall furnish a bond in the amount of the petitioner’s claim for the payment of damages which the defendant may sustain if the writ is obtaine…

The court before which the petition is pending shall issue a writ for immediate possession upon finding that the petitioner has complied with Code Sections 44-14-261 through 44-14-263. If the petitioner is found not to have made sufficient showing to obtain an immediate writ of po…

When an immediate writ of possession has been granted, a copy of the petition, the affidavits, the waiver or bond, and the order shall be served in any manner provided in Code Section 44-14-232 as if the petition were one filed under Code Section 44-14-231. History. Code 1933, § 6…

Upon the granting of a writ of immediate possession, the action shall proceed in the manner provided under Code Section 44-14-236. 644 44-14-266 MORTGAGES, SECURITY, LIENS 44-14-268 History. Code 1933, § 67-714, enacted by Ga. L. 1975, p. 1213, § 3. 44-14-267. Time for filing defe…

At any time prior to the sale or other final disposition of the property by the levying officer or petitioner as provided for under Code Section 44-14-236 but no later than 30 days after service as provided for under Code Section 44-14-265, the defendant may appear and file any leg…

Exemptions, §44-14-261. Counterclaims. Time for filing, §44-14-267. Default judgments, §44-14-269. Defenses. Time for filing, §44-14-267. Definitions, §44-14-260. Dissolution of writ, §44-14-268. FORECLOSURES —Cont’d Personal property —Cont’d Commercial transactions relating to pers…

Upon the failure of the defendant to appear and answer within the time provided in Code Section 44-14-267, if the service on the defendant was made in such a manner as to comply with Code Section 9-11-4, a default judgment shall be entered against the defendant for the full amoun…

The owner of any bill of sale or written contract retaining title to personal property to secure a debt may foreclose the contractor bill of sale in the same manner as mortgages on personal property are foreclosed. History. Ga. L. 1899, p. 82, § 1; Civil Code 1910, § 3298; Ga. L.…

Judgments. Vacation of judgments rendered upon obligation prior to sale, §§44-14-163 to 44-14-165. Quitclaim deeds. Execution and recordation following judgment, §44-14-210. Levy and sale, §44-14-210. Chattel mortgages. Personal property generally, §§44-14-230 to 44-14-303. Clean…

Selling or disposing of vehicle securing bill of sale with intent to defraud, §44-14-7. Vacation of judgment upon obligation prior to sale, §§44-14-163 to 44-14-165. 1144 INDEX SALES —Cont’d Bonds for title. Quitclaim deed following judgment. Execution and recordation. Levy and s…

Cancellation by grantee upon payment in full. Failure to furnish, §44-14-3. Disbursement of settlement proceeds by settlement agent. Violations of provisions, §44-14-13. Motor vehicles. Removal of improperly parked cars or trespassing personal property. Action for damages as resu…

Tyner, 139 Ga. 765, 78 S.E. 185, 1913 Ga. LEXIS 596 (1913). Deposit of deeds as collateral security for a debt does not create such a lien on the land as can be foreclosed at law. English v. McElroy, 62 Ga. 413, 1879 Ga. LEXIS 546 (1879). Mortgage as basis of claim to property or…

Any person having a mortgage on personal property to secure a debt not exceeding $100.00 in principal and desiring to foreclose the mortgage may, by himself, his agent, or his attorney, make an affidavit of the amount of the principal and the interest due on the mortgage, which a…

It shall be the duty of the magistrate with whom the affidavit and the mortgage are filed to give notice to the mortgagor of the proceedings at the time of issuing the execution. History. Ga. L. 1880-81, p. 126, § 2; Code 1882, § 3974d; Civil Code 1895, § 2763; Civil Code 1910, § …

When the execution provided for by Code Section 44-14-300 is delivered to a constable, he shall levy on the property wherever it may be found; and, after advertising the same for ten days preceding the sale by giving a full description of the property to be sold and the process u…

Judgments. Foreclosure of liens on personalty. Replevy bonds, §44-14-551. Foreclosure of security interest on personal property. Default, §44-14-233. Foreclosures arising out of commercial transactions. Default judgments, §44-14-269. 1099 INDEX PERSONAL PROPERTY —Cont’d Jurisdict…

Sale of subdivided land. Exemption of offers or dispositions made as evidence of indebtedness secured by mortgage, §44-3-4. Sureties. Mortgages taken by, §44-14-42. Tacking, §44-14-41. Taxation. Advances to pay taxes secured by mortgage, §44-14-2. Telephones. Recordation of mortg…

A deed or bill of sale which is absolute on its face and which is accompanied with possession of the property shall not be proved, at the instance of the parties, by parol evidence to be a mortgage only unless fraud in its procurement is the issue to be tried. History. Laws 1837,…

Abatement of hazard from abandoned well or hole, §44-1-14. COUNTY SURVEYORS. Exemptions from levy and sale. Survey of property to be exempted. Affidavits, §44-13-10. Constitutional exemptions, §44-13-4. Lands in different counties, §44-13-5. Contempt for failure to comply with du…

Replevy bonds, §44-14-551. Lis pendens notice. Article not to affect or alter laws with respect to, §44-14-613. Final judgment indicated on face of lis pendens record, §44-14-612. Mortgages. Foreclosures, §44-14-187. Purchaser during pendency of proceedings bound by judgment, §44…

The vendor’s equitable lien for the purchase money of lands is abolished. History. Orig. Code 1863, § 1988; Code 1868, § 1978; Code 1873, § 1997; Code 1882, § 1997; Civil Code 1895, § 2823; Civil Code 1910, § 3373; Code 1933, § 67-1703.

All liens which are not regulated and fixed as to rank by this title shall rank according to date, the oldest having priority. History. Ga. L. 1873, p. 42, § 20; Code 1873, § 1995; Code 1882, § 1995; Civil Code 1895, § 2821; Civil Code 1910, § 3371; Code 1933, § 67-1704.

Except as otherwise provided by law, assignments of all liens shall be in writing. Under an assignment, the assignee shall have all the rights of the assignor as provided by law. History. Ga. L. 1873, p. 42, § 21; Code 1873, § 1996; Code 1882, § 1996; Civil Code 1895, § 2822; Civ…

Motor vehicles. Repossessors as involuntary, gratuitous or naked depository, §44-14-411.1. Disposition of personal property, §44-14-411.1. Disposition of proceeds, §44-14-412. One-year limitation for claims of owner, §44-14-412. Nonconforming liens, §44-14-320. Notes. Transfers a…

Hospitals. Lien on action accruing to injured person for care and treatment costs. Exemption of money becoming due under chapter from part, §44-14-474. Liens.

When executed outside this state, mortgages shall be signed by the maker, attested by an officer as provided in Code Section 44-2-15, and attested by one other witness. History. Ga. L. 1931, p. 153, § 1; Code 1933, § 67-106; Ga. L. 2015, p. 937, § 4/HB 322.

Eubanks, 86 Ga. 616, 12 S.E. 1065, 1891 Ga. LEXIS 31 (1891). See also, Reynolds v. Hindman, 88 Ga. 314, 14 S.E. 471, 1891 Ga. LEXIS 345 (1891). Tenant need not use supplies to make crop. — In the foreclosure of a landlord’s lien for supplies, it is not neces- Characteristics of L…

Priorities, §44-14-342. Manufactured and mobile homes. Priority of liens affecting, §44-14-349. Notice that tenant or laborer has no right to sell. Unlawful purchase of corn or cotton from after notice, §44-14-347. Priorities. General lien on tenant’s property, §§44-14-341, 44-14…

False information as to liens, §44-14-346. Foreclosure by transferee.

A landlord’s special lien for rent shall be enforced by a distress warrant in the same manner as general liens for rent are enforced; and no further allegations in the affidavit to procure a distress warrant to enforce a special lien for rent shall be necessary than are necessary…

Unlawful purchases of corn or cotton, §44-14-347. Unlawful sales of farm products, §44-14-348. LIENS —Cont’d Landlords’ general lien on tenant’s property, §44-14-341. False information as to lien, §44-14-346. Priority and date, §44-14-342.

From tenant or laborer. Notice that tenant or laborer have no right to sell, §44-14-347. Unlawful sale of farm products in which lien exists, §44-14-348. Nature of relationship between owner and cropper, §44-7-100. Refusal of landlord to deliver cropper’s share, §44-7-103. Relati…

Notice that tenant or laborer have no right to sell, §44-14-347. Unlawful sale of farm products on which lien exists, §44-14-348. Land registration. Reduction of felonies under article to misdemeanors, §44-2-47. Liens. Deceiving as to existence, §44-14-12. Removal of encumbered p…

Crops paid as rent by tenant. Exemptions from liens against tenant, §44-7-17. Tenancy at will. Right of tenant to emblements, §44-7-8. Damages.

Unlawful purchase from tenant or laborer after notice of no right to sell, §44-14-347. Cotton. Unlawful purchase from tenant or laborer after notice of no right to sell, §44-14-347. Distress warrant. Enforcement of special lien for rent by, §44-14-343. Enforcement. Special lien f…

Prohibited practices, §44-14-5. Rule nisi. Foreclosure of mortgage on real estate, §44-14-180. Sale of mortgaged property.

Disbursement of settlement proceeds by settlement agent, §44-14-13. Furnishing of cancellation by grantee upon payment in full. Liability of servicing agents or other persons to whom indebtedness paid, §44-14-3. Aiding and abetting. Removal of encumbered property to hinder, delay…

Recordation of deed relating to real and personal property by gas corporation, §44-14-36. GENERAL ASSEMBLY. Riparian rights. Lawful use by owner of nonnavigable stream. No power in legislature to compel or interfere with, §44-8-3. Water rights of owners of nonnavigable streams. N…

As used in this part, the term: (.1) “Business day” means any day that is not a Saturday, Sunday, or legal holiday. (1) “Contractor” means a contractor having privity of contract with the owner of the real estate. (2) “Land surveyor” shall have the same meaning as provided in Cod…

Stein Steel & Supply Co., 157 Ga. App. 260, 277 S.E.2d 272, 1981 Ga. App. LEXIS 1769, aff’d, 247 Ga. 631, 278 S.E.2d 377, 1981 Ga. LEXIS 820 (1981). No lien for material furnished subcontractor. — A materialman furnishing material for the improvement of real estate to a subcontra…

Rutledge, 208 Ga. 172, 65 S.E.2d 801, 1951 Ga. LEXIS 315 (1951). Averment of delivery insufficient to show notice that materials were furnished. — A mere averment, that a materialman on a certain date “furnished and delivered material on the premises,” without any other fact, wil…

(a) The special lien specified in subsection (a) of Code Section 44-14-361 shall be dissolved if the owner, purchaser from owner, or lender providing construction or purchase money or any other loan secured by real estate shows that: (1) The lien has been waived in writing by lien…