Title 44 — Title 44

Prohibited practices in connection with residential real estate transactions, §44-14-5. Electricity. Recordation of deed to secure debt relating to real and personal property by entity furnishing electricity, §44-14-36. Encumbrances. Grantor’s right to reconvey. Effect against, §…

Aiding and abetting, §44-14-9. Defendant without permanent abode, §44-14-10. Search for property. Removal of encumbered property to hinder, delay or prevent levy. Defendant without permanent abode, §44-14-10. Subdivisions. Sale of subdivided land. Lots of parcels subject to blank…

Matured or unmatured crops declared to be, §44-14-101. 957 INDEX CROPS —Cont’d Secured transactions —Cont’d Security agreements relating to crops —Cont’d Tree growing and fruit producing as agricultural pursuit, §44-14-100. Tenancy at will. Right of tenant to emblements, §44-7-8.…

All matured or unmatured crops are declared to be personalty. History. Ga. L. 1922, p. 114, §§ 1-3; Ga. L. 1933, p. 128, §§ 1, 2; Code 1933, §§ 85-1901, 85-1902, 85-1903; Ga. L. 2001, p. 362, § 35.

When a search has been made in any of the cases provided by Code Sections 44-14-8 through 44-14-10 by the levying officer for the purpose of levying the execution and the property described therein is not found 428 44-14-11 MORTGAGES, SECURITY, LIENS 44-14-12 at the defendant’s h…

Enforcement of rights of trustees and holders. Judgment as lien, §44-14-124. Definitions. Bad check, §44-14-516. Health care facility medical practice lien on action for cost of care and treatment. Actions accruing to injured persons for costs of care and treatment of injuries, §4…

Whenever any person has conveyed real property in this state by a deed to a trustee to secure the payment of a note or notes, bonds, or other debt owing to one or more persons, the rights of the trustee named in the deed or his successor in estate, as well as the rights of the ho…

When an order for the payment of the sums demanded in the petition has been granted and published or served as provided in Code Section 44-14-120, the maker of the deed sought to be enforced or his special agent or attorney may appear on or before the first day of the term of the …

When the maker of the deed is dead, the proceedings to enforce the deed may be instituted against his executor or administrator. History. Ga. L. 1896, p. 76, § 3; Civil Code 1910, § 3313; Code 1933, § 67-1203.

When proceedings to enforce a deed of trust are instituted and a defense is set up thereto as provided in Code Section 44-14-121, the issues thus raised shall be tried as other issues are tried in the court in which the proceedings were instituted. History. Ga. L. 1896, p. 76, § …

When the maker of the deed, after being directed so to do, fails to pay the sums demanded in the petition together with interest and costs as required by Code Section 44-14-120 and also fails to set up and sustain his or her defense against the enforcement of the rights of the tr…

Georgia land sales act. Exemption of offers or dispositions made as evidence of indebtedness secured by deed of trust, §44-3-4. Installment payments. Debt due in, §44-14-126. Treatment of surplus, §44-14-126. Interest. Prohibited practices in connection with residential real esta…

Action against personal representative, §44-14-122. Defense by maker, §44-14-121. Judgment, §44-14-124. Levy and sale of land, §44-14-124. Disposition of proceeds, §44-14-125. Lien of judgment, §44-14-124. Manner of enforcement, §44-14-120. Order, §44-14-120. Petition, §44-14-120…

Delivery of loan funds to settlement agent by lender, §44-14-13. Person conducting settlement and disbursement who is not the settlement agent, criminal offense, §44-14-13. Disposing of encumbered property to hinder levy, §§44-14-8 to 44-14-11. Dockets.

Speedee Cash of Columbus, Inc., 289 B.R. 251, 2002 Bankr. LEXIS 1445 (Bankr. M.D. Ga. 2002). LLC that seized a Chapter 13 debtor’s car 16 hours before the debtor declared bankruptcy, and sold the car without keeping records, was ordered to pay the debtor $6,579.57 for loss of the…

Federal tax lien registration. General provisions, §§44-14-570 to 44-14-574. Time-shares.

The effect regarding third persons of the filing for record of any of the instruments enumerated in Code Section 44-14-140 may in all respects, including the preservation of priority thereof, be extended for successive additional periods, each period not exceeding five years from t…

The clerk of the superior court shall file the affidavit required by Code Section 44-14-141, reindex the instrument mentioned in the affidavit, and enter on the margin of the record of the instrument a reference to the filing of the affidavit, which shall state the date of the filin…

Personal property generally, §§44-14-230 to 44-14-303. Security agreements relating to crops, §§44-14-100, 44-14-101. Wrongful sale or removal of mortgaged property, §44-14-6. Concealing encumbered property to hinder levy, §§44-14-8 to 44-14-11. Condominiums, §44-3-95. Assessment…

(a) As used in this Code section, the term “conveyance of real property” means a conveyance or other transfer of an interest or estate in real property. (b) A restriction or covenant running with the land applicable to the conveyance of real property that requires a transferee or…

Recordation. Mortgages. Vacation of judgments prior to sale. Cancellation, §44-14-164. Real property. Foreclosure and deed under power of sale, §44-14-160. Late filing penalty, §44-14-160. Rule nisi. Mortgages on real estate, §44-14-180. Sales made under power of sale. Confirmation…

v. Kunes, 230 Ga. 888, 199 S.E.2d 776, 1973 Ga. LEXIS 1098 (1973). O.C.G.A. § 44-14-161, by using the word “debtor,” included all who were presently subject to payment of the debt, or who might be subjected to payment thereof, if within the knowledge of the payee of the note. Fir…

Gwinnett Com. Bank, 155 Ga. App. 327, 270 S.E.2d 867, 1980 Ga. App. LEXIS 2569 (1980). 44-14-162 Junior lien holders and mortgagees are not entitled to any notice of sale except by publication under O.C.G.A. § 44-14162. Chattanooga Fed. Sav. & Loan Ass’n v. Northwest Recreational…

RES-GA Twelve, LLC, 334 Ga. App. 302, 779 S.E.2d 80, 2015 Ga. App. LEXIS 624 (2015). Lower court correctly determined that the debtors lacked standing to challenge the assignment of the security deed to a bank because the security deed afforded the debtors no right to dispute the…

No waiver or release of the notice requirement of Code Section 44-14-162.2 shall be valid when made in or contemporaneously with the security instrument containing the power of nonjudicial foreclosure sale; but, notwithstanding the requirements of Code Sections 44-14162.1, 44-14-…

All deeds under power shall contain recitals setting forth the giving of notice in compliance with Code Section 44-14-162.2. The effect of such recitals shall be to protect the validity of the title of any subsequent purchaser in good faith other than the lender. History. Ga. L. …

Quitclaim deed following judgment. Levy and sale, §44-14-210. Priorities. Lien for judgment on debt given for purchase money, §44-14-321. Prohibited practices. Residential real estate transactions, §44-14-5. BONDS FOR TITLE —Cont’d Quitclaim deeds. Execution and recordation follo…

Sale of excess property by receivers. Cancellation upon failure of creditor to appear and file claim, §44-13-85. Mechanics’ and materialmen’s liens.

When a judgment is vacated and set aside as provided by Code Sections 44-14-163 and 44-14-164, the obligation upon which the judgment was rendered, as well as the deed, bond for title, bill of sale securing the same, and other instruments mentioned in Code Section 44-14-163, shal…

Nichols, 102 Ga. 28, 28 S.E. 988, 1897 Ga. LEXIS 443 (1897). The action fails, where there is a total absence of a rule nisi in a mortgage foreclosure, and the mere filing of the petition will not suffice to authorize the action to be treated as commenced and pending. York v. Edwa…

If the person entitled to foreclose a mortgage on real estate is dead, the application and proceeding to foreclose may be made and prosecuted by his executor or administrator. History. Orig. Code 1863, § 3867; Code 1868, § 3887; Code 1873, § 3963; Code 1882, § 3963; Civil Code 18…

An endorsement to order or in blank by the payee of a mortgage note gives the endorsee or the holder for value the right to foreclose the mortgage in his own name. A mortgage transferred without written assignment may be foreclosed in the name of the mortgagee bringing the action…

Mortgages on personal property by magistrate courts, §44-14-300. Security interest on personal property. Before debt due, §44-14-239. Illegality, §44-14-241. Forgery. Alleging deed forgery. Genuineness issue to be determined, §44-2-23. Withdrawal of affidavit upon loss of deed by…

Deficiency of number of acres in sale. Apportionment of price, §44-5-35. Rescission where deficiency amounts to fraud, §44-5-35. Definitions. Estate, §44-1-4. Fixtures, §44-1-6. Property, §44-1-1. Real estate, §44-1-2. Realty, §44-1-2. Title, §44-1-5. Detachment from realty. Persona…

— For article advocating reforms to improve the jury mentally and morally, see 5 Ga. B.J. 38 (1942). For article discussing developments in Georgia criminal law in 1976-1977, see 29 Mercer L. Rev. 55 (1977). For article, ‘‘Justice and Juror,’’ see 20 Ga. L. Rev. 257 (1986). For a…

When the mortgagor, after being directed so to do, fails to pay the principal, interest, and costs as required by Code Section 44-14-230 and fails to set up and sustain his defense against the foreclosure of the mortgage, the court shall give judgment for the amount which may be …

Magistrate courts. Mortgages on personal property, §§44-14-300 to 44-14-303. Manner of foreclosing, §44-14-180. Note barred by limitations, §44-14-43. One of several mortgagees, §44-14-48. Control and distribution of proceeds by court, §44-14-48. Pendency of proceedings. Purchase…

A purchaser at a void or irregular judicial sale under the foreclosure of a mortgage shall succeed to all of the interests of the mortgagee. History. Civil Code 1895, § 5471; Civil Code 1910, § 6076; Code 1933, § 67-403. History of Section. This Code section is a codification of t…

The money arising from the sale of mortgaged property sold under the regulations prescribed in this part shall be paid to the person foreclosing the mortgage unless claimed by some other lien which by law has priority of payment over the mortgage; and, when there is any surplus a…

Proceedings by personal representative when mortgagee deceased. Foreclosure by transferee. Proceedings against personal representative when mortgagor deceased. Defense against foreclosure; verification. Defenses by third persons; right of purchaser not party to foreclosure to go b…

Removal of encumbered property to hinder, delay or prevent levy. Entry, §44-14-11. Shifting of burden of proof upon entry, §44-14-11. Open-end clauses. Operation, §44-14-1. Limited to ex contractu obligations between parties, §44-14-1. Original party defined, §44-14-1. Recorded tr…

Bank v. Jones Motor Co., 168 Ga. 805, 149 S.E. 217, 1929 Ga. LEXIS 250 (1929); Ryals v. Lindsay, 176 Ga. 7, 167 S.E. 284, 1932 Ga. LEXIS 369 (1932). Trover. — Procuring a judgment under O.C.G.A. § 44-14-210 does not impair the plaintiff’s right to trover provided there has been n…

Reversion to grantor. Power not exercised after reversion, §44-14-83. When barred, §44-14-81. Quitclaim deed following judgment. Levy and sale, §44-14-210. Vacation of judgments rendered upon obligation prior to sale, §§44-14-163 to 44-14-165. Croppers. Sale or disposal without l…

(a) Any person holding a security interest on personal property under a transaction governed by this part or by Title 11, the “Uniform Commercial Code,” and wishing to foreclose the security interest shall be authorized to foreclose the security interest and shall be entitled to …

Attachment of jurisdiction, §44-2-72. Superior courts, §44-2-60. Life estates. Judges of superior courts as to life estates, §44-6-90. Magistrate courts. Foreclosures. Mortgages on personal property. Maximum amount of mortgage, §44-14-300. Security interest on personal property, …

Foreclosure of security interest on personal property, §44-14-232. Land registration. Issuance and service, §44-2-67. Landlord and tenant. Dispossessory proceedings, §44-7-51. Distress warrants, §44-7-72. Land registration. Service, §44-2-67. Personal property. Foreclosure of sec…

Dispossessory proceedings. Answer by tenant, §44-7-51. False statements, §44-7-58. Distress warrants, §44-7-74. Partition of realty by life tenants. Time to answer, §44-6-173. Counterclaims. Distress warrants. Answer may contain counterclaim, §44-7-74. 1104 INDEX PLEADINGS —Cont’…

Historic preservation. Review of certificates of appropriateness, §44-10-28. Landlord and tenant. Distress warrants. Time for, §44-7-72. Liens. Foreclosure of liens on personalty. Probable cause hearings, §44-14-550. Partition. Heirs property, uniform partition. Hearing to determi…

Any judgment by the court shall be appealable pursuant to Chapters 2, 3, 6, and 7 of Title 5 or any other applicable law. If the judgment of 635 44-14-236 the court awards possession of the secured property to the plaintiff and the defendant appeals this judgment, the defendant s…

Whenever a writ of possession is granted pursuant to a petition filed in accordance with Code Section 44-14-231, a levy may be made on the secured property by the sheriff, the deputy, the marshal, the constable, or a duly qualified levying officer of the court pursuant to the writ …