reglab/housing_qa huggingface dataset:
GA Code § 44-14-261 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 4 - Foreclosures on Personalty|Subpart 2 - Foreclosures Arising Out of Commercial Transactions|§ 44-14-261. Petition for Immediate Writ of Possession; Verification; Exemption of Consumer Transactions

 Any person seeking to foreclose an interest in personal property arising out of a commercial transaction under this subpart may seek an immediate writ of possession from the court before which the petition is filed if the petition contains a statement of facts, under oath, by the petitioner or his agent or attorney which sets forth the basis of the petitioner's claim and a sufficient ground for the issuance of an immediate writ of possession. No such writ shall issue on an interest arising out of a consumer transaction; provided, however, that an immediate writ of possession may issue for merchandise or services rendered on merchandise which was paid for, in whole or in part, by a bad check as the term "bad check" is defined in Code Section 44-14-516.   (Code 1933, § 67-709, enacted by Ga. L. 1975, p. 1213, § 3; Ga. L. 1989, p. 803, § 1.)   Law reviews.   - For article on Chapter 67-7 (now this part,) and personal property foreclosures, see 11 Ga. St. B.J. 230 (1975).   JUDICIAL DECISIONS    Filing a foreclosure petition is not a jurisdictional prerequisite to a creditor's right to seek an immediate writ of possession. Flateau v. Reinhardt, Whitley & Wilmot, 220 Ga. App. 188, 469 S.E.2d 222 (1996).    Cited in Sumner v. Adel Banking Co., 241 Ga. 563, 246 S.E.2d 780 (1978); Porter v. Midland-Guardian Co., 242 Ga. 1, 247 S.E.2d 743 (1978); Sumner v. Adel Banking Co., 244 Ga. 73, 259 S.E.2d 32 (1979); Deutz-Allis Credit Corp. v. Phillips, 183 Ga. App. 760, 360 S.E.2d 29 (1987).   RESEARCH REFERENCES   Am. Jur. 2d.   - 69 Am. Jur. 2d, Secured Transactions, §§ 590-606, 607-614.   C.J.S.   - 14 C.J.S., Chattel Mortgages, §§ 185, 405.   ALR.    - Chattel mortgage on property consumable in use, 49 A.L.R. 1495.   Bankruptcy court's injunction against mortgage or lien enforcement proceedings commenced, before bankruptcy, in another court, 40 A.L.R.2d 663.
GA Code § 44-14-262 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 4 - Foreclosures on Personalty|Subpart 2 - Foreclosures Arising Out of Commercial Transactions|§ 44-14-262. Grounds for Immediate Writ of Possession

 The petitioner seeking an immediate writ of possession shall allege 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 jurisdiction of the court the property which is the subject matter of the petition or that the petitioner's postjudgment remedy would otherwise be inadequate.   (Code 1933, § 67-710, enacted by Ga. L. 1975, p. 1213, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 69 Am. Jur. 2d, Secured Transactions, § 121.   C.J.S.   - 14 C.J.S., Chattel Mortgages, § 241.   ALR.    - Chattel mortgagee's failure to pursue proper course after taking possession as affecting personal liability of mortgagor, 47 A.L.R. 582.    Right of mortgagee lawfully in possession, or one entitled to his rights, to retain possession until debt is paid, although debt or right to foreclose is barred by limitation, 115 A.L.R. 339.
GA Code § 44-14-263 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 4 - Foreclosures on Personalty|Subpart 2 - Foreclosures Arising Out of Commercial Transactions|§ 44-14-263. Bond or Waiver Required

 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 obtained wrongfully.   (Code 1933, § 67-711, enacted by Ga. L. 1975, p. 1213, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 69 Am. Jur. 2d, Secured Transactions, § 734.   C.J.S.   - 14 C.J.S., Chattel Mortgages, §§ 229, 233.
GA Code § 44-14-264 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 4 - Foreclosures on Personalty|Subpart 2 - Foreclosures Arising Out of Commercial Transactions|§ 44-14-264. Issuance of Writ; Procedure When Showing Insufficient

 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 possession, the court may nevertheless treat the petition as one being filed under Code Section 44-14-231 and may proceed accordingly.   (Code 1933, § 67-712, enacted by Ga. L. 1975, p. 1213, § 3.)   RESEARCH REFERENCES   ALR.    - Right of mortgagee lawfully in possession, or one entitled to his rights, to retain possession until debt is paid, although debt or right to foreclose is barred by limitation, 115 A.L.R. 339.
GA Code § 44-14-265 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 4 - Foreclosures on Personalty|Subpart 2 - Foreclosures Arising Out of Commercial Transactions|§ 44-14-265. Service of Notice to Defendant

 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.   (Code 1933, § 67-713, enacted by Ga. L. 1975, p. 1213, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 69 Am. Jur. 2d, Secured Transactions, §§ 607-614.   C.J.S.   - 14 C.J.S., Chattel Mortgages, §§ 183, 404.
GA Code § 44-14-266 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 4 - Foreclosures on Personalty|Subpart 2 - Foreclosures Arising Out of Commercial Transactions|§ 44-14-266. Execution and Levy

 Upon the granting of a writ of immediate possession, the action shall proceed in the manner provided under Code Section 44-14-236.   (Code 1933, § 67-714, enacted by Ga. L. 1975, p. 1213, § 3.)
GA Code § 44-14-267 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 4 - Foreclosures on Personalty|Subpart 2 - Foreclosures Arising Out of Commercial Transactions|§ 44-14-267. Time for Filing Defenses

 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 legal or equitable defense or counterclaim to the petitioner's claim for a writ of immediate possession. After the filing of such defense or counterclaim, a trial of any issue requiring a trial shall be had in accordance with the procedure prescribed for civil actions in courts of record.   (Code 1933, § 67-715, enacted by Ga. L. 1975, p. 1213, § 3; Ga. L. 1982, p. 3, § 44.)   RESEARCH REFERENCES   C.J.S.   - 14 C.J.S., Chattel Mortgages, § 400.   ALR.    - Right of mortgagee lawfully in possession, or one entitled to his rights, to retain possession until debt is paid, although debt or right to foreclose is barred by limitation, 115 A.L.R. 339.
GA Code § 44-14-268 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 4 - Foreclosures on Personalty|Subpart 2 - Foreclosures Arising Out of Commercial Transactions|§ 44-14-268. Motion for Dissolution of Writ; Payment of Claim or Furnishing of Bond; Procedure Upon Dissolution of Writ

  At any time within which the defendant may file defenses as provided for under Code Section 44-14-267, the defendant may:   Move for a dissolution of the writ, which motion shall be granted unless the petitioner proves the grounds upon which the writ was issued; or   Pay to the court the full amount of the petitioner's claim, including costs, or furnish a bond with good and sufficient security for the value of the property as determined after hearing by the court before which the matter is pending or a bond for the amount of petitioner's claim, including costs, whichever is less.     If the writ is dissolved under paragraph (1) or (2) of subsection (a) of this Code section, the action shall proceed on the petitioner's claim as if no writ had issued; and any issue requiring trial shall be had in accordance with the procedure prescribed for civil actions in courts of record.    (Code 1933, § 67-716, enacted by Ga. L. 1975, p. 1213, § 3.)   RESEARCH REFERENCES   C.J.S.   - 14 C.J.S., Chattel Mortgages, §§ 236-238.   ALR.    - Right of mortgagee lawfully in possession, or one entitled to his rights, to retain possession until debt is paid, although debt or right to foreclose is barred by limitation, 115 A.L.R. 339.
GA Code § 44-14-269 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 4 - Foreclosures on Personalty|Subpart 2 - Foreclosures Arising Out of Commercial Transactions|§ 44-14-269. Default Judgment

 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 amount of the petitioner's claim.   (Code 1933, § 67-717, enacted by Ga. L. 1975, p. 1213, § 3.)   RESEARCH REFERENCES   C.J.S.   - 14 C.J.S., Chattel Mortgages, § 411.
GA Code § 44-14-280 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 4 - Foreclosures on Personalty|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 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.   (Ga. L. 1899, p. 82, § 1; Civil Code 1910, § 3298; Ga. L. 1921, p. 114, § 1; Code 1933, § 67-1601.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 69 Am. Jur. 2d, Secured Transactions, § 572 et seq.   ALR.    - Right of conditional seller to retake property without legal process, 146 A.L.R. 1331.   What conduct by repossessing chattel mortgagee or conditional vendor entails tort liability, 99 A.L.R.2d 358.   Replevin or claim-and-delivery: modern view as to validity of statute or contractual provision authorizing summary repossession of consumer goods sold under retail installment sales contract, 45 A.L.R.3d 1233.
GA Code § 44-14-281 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 4 - Foreclosures on Personalty|Subpart 3 - Foreclosures on Bills of Sale or Contracts Retaining Title|§ 44-14-281. Proceedings After Foreclosure; Defenses

 In the event any bill of sale is foreclosed as provided in Code Section 44-14-280, the proceedings after foreclosure shall be the same as the proceedings to foreclose mortgages, with the same right to defend in the manner in which defenses to foreclosures of mortgages are now provided for by law.   (Ga. L. 1899, p. 82, § 2; Civil Code 1910, § 3299; Code 1933, § 67-1602.)   RESEARCH REFERENCES   C.J.S.   - 14 C.J.S., Chattel Mortgages, § 405.
GA Code § 44-14-282 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 4 - Foreclosures on Personalty|Subpart 3 - Foreclosures on Bills of Sale or Contracts Retaining Title|§ 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 any court of this state upon any note or other evidence of debt given for the purchase money of personal property and where the title for the property has been retained in the vendor, it shall be lawful for the holder of the note or other evidence of debt in which title is retained to make, file, and have recorded in the office of the clerk of the superior court where the defendant resides a bill of sale to the defendant for the personal property or, if he is dead, to his executor or administrator or, if there is no executor or administrator, to the heirs of the deceased; and, if the holder of the note or other evidence of debt in which title is retained is dead, his executor or administrator may in like manner make and file such bill of sale without obtaining an order of the court for that purpose. Upon the filing of the bill of sale, the personal property may be levied on and sold under such judgment as in other cases; provided, however, that the judgment shall take and be a lien upon the personal property and the proceeds of the sale thereof, prior to all other judgments, claims, liens, and other encumbrances, until the judgment shall be fully paid and satisfied.   (Ga. L. 1887, p. 62, § 1; Code 1933, § 67-1603.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 69 Am. Jur. 2d, Secured Transactions, § 575.   C.J.S.   - 14 C.J.S., Chattel Mortgages, § 342.   ALR.   - Priority as between lien for repairs and the like, and right of seller under conditional sales contract, 36 A.L.R.2d 198.
GA Code § 44-14-300 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 4 - Foreclosures on Personalty|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 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 affidavit shall be annexed to the mortgage. When the mortgage or verified copy with the affidavit annexed thereto shall be filed with any magistrate in the county where the mortgagor resides, if a resident of this state, or, if not a resident of this state, in the county where the mortgaged property is located, it shall be the duty of the magistrate to issue an execution directed to all and singular the sheriffs, the marshals, their deputies, and the constables of this state commanding the sale of the property to satisfy the principal, the interest, and the costs of the proceedings to foreclose the mortgage.   (Ga. L. 1878-79, p. 152, § 1; Code 1882, § 3974a; Ga. L. 1882-83, p. 67, § 1; Civil Code 1895, § 2760; Civil Code 1910, § 3293; Code 1933, § 67-901; Ga. L. 1983, p. 884, § 4-1; Ga. L. 1984, p. 22, § 44.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 69 Am. Jur. 2d, Secured Transactions, §§ 572 et seq., 637 et seq.   C.J.S.   - 14 C.J.S., Chattel Mortgages, §§ 355-359, 364, 398, 412-422, 425.   ALR.    - Chattel mortgagee's failure to pursue proper course after taking possession as affecting personal liability of mortgagor, 47 A.L.R. 582.    Purchase by pledgee of subject of pledge, 76 A.L.R. 705; 37 A.L.R.2d 1381.   Bankruptcy court's injunction against mortgage or lien enforcement proceedings commenced, before bankruptcy, in another court, 40 A.L.R.2d 663.
GA Code § 44-14-301 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 4 - Foreclosures on Personalty|Subpart 4 - Foreclosures in Magistrate Court|§ 44-14-301. Notice to Mortgagor

 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.   (Ga. L. 1880-81, p. 126, § 2; Code 1882, § 3974d; Civil Code 1895, § 2763; Civil Code 1910, § 3296; Code 1933, § 67-905; Ga. L. 1983, p. 884, § 4-1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 69 Am. Jur. 2d, Secured Transactions, §§ 607-614.   C.J.S.   - 14 C.J.S., Chattel Mortgages, §§ 399, 404.
GA Code § 44-14-302 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 4 - Foreclosures on Personalty|Subpart 4 - Foreclosures in Magistrate Court|§ 44-14-302. Levy and Sale of Property; Advertisement

 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 under which he is proceeding in a written advertisement at three or more public places in the district in which the property may be found, he shall put up and expose the property for sale as provided in this Code section; provided, however, that the sale shall be had within the legal hours of sale on a regular court day and at the usual place of holding magistrate courts for the district. The constable shall put up and expose the property for sale at the time and place and in the same manner as constable's sales are required to be held.   (Ga. L. 1878-79, p. 152, § 2; Ga. L. 1882-83, p. 67, § 1; Code 1882, § 3974b; Civil Code 1895, § 2761; Civil Code 1910, § 3294; Code 1933, § 67-902; Ga. L. 2003, p. 140, § 44.)    The 2003 amendment,  effective May 14, 2003, part of an Act to revise, modernize, and correct the Code, substituted "magistrate" for "justice" near the end of the first sentence.   RESEARCH REFERENCES   Am. Jur. 2d.   - 69 Am. Jur. 2d, Secured Transactions, § 575.   C.J.S.   - 14 C.J.S., Chattel Mortgages, §§ 407, 425.   ALR.    - Purchase by pledgee of subject of pledge, 76 A.L.R. 705; 37 A.L.R.2d 1381.    Protection of mortgagor or owner of mortgaged property, on foreclosure sale, by fixing upset or minimum price, requiring credit of specified amount on mortgage debt, or denying or limiting amount of deficiency judgment, 85 A.L.R. 1480; 89 A.L.R. 1087; 90 A.L.R. 1330; 94 A.L.R. 1352; 96 A.L.R. 853; 97 A.L.R. 1123; 104 A.L.R. 375.
GA Code § 44-14-303 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 4 - Foreclosures on Personalty|Subpart 4 - Foreclosures in Magistrate Court|§ 44-14-303. Defenses by Mortgagor; Hearing in Magistrate's Court

 The mortgagor may avail himself of any defense he may have to the foreclosure in the same manner and upon the same conditions as allowed by law in case of foreclosure of chattel mortgages in the superior courts. Whenever any such defense is filed by the mortgagor, the magistrate issuing the execution shall have the power and jurisdiction to hear and determine the issues made thereon as in other cases at law.   (Ga. L. 1878-79, p. 152, § 3; Code 1882, § 3974c; Civil Code 1895, § 2762; Civil Code 1910, § 3295; Code 1933, § 67-903; Ga. L. 1983, p. 884, § 3-31.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 69 Am. Jur. 2d, Secured Transactions, § 572.   C.J.S.   - 14 C.J.S., Chattel Mortgages, §§ 355, 400, 405, 411.   ALR.    - Effect of oral agreement to enlarge time for redemption from sale under mortgage or other lien on real property, 54 A.L.R. 1207.
GA Code § 45-12-110 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 12 - Governor|Article 4 - Office of Planning and Budget|Part 2 - Review of Applications for Federal Assistance and State Contracts|Subpart 1 - Federal Assistance|§ 45-12-110. Notification of Intention to Apply for Federal Assistance; Adoption and Promulgation of Rules and Regulations and Forms

  Any state department, board, bureau, commission, authority, or other state agency, except the Board of Regents of the University System of Georgia and its employees, intending to apply for any new program of federal assistance under any federal program shall notify the House Budget and Research Office, the Senate Budget and Evaluation Office, and the director of the Office of Planning and Budget of its intention to apply for such federal assistance at least 30 days prior to filing the application for such assistance. Such notification shall include a summary description of the proposed federal assistance project, the amount of federal funds to be requested, the amount of state matching funds, if any, to be required in connection with obtaining federal assistance, and the period of time to be covered by the proposed federal assistance project.   The House Budget and Research Office, the Senate Budget and Evaluation Office, and the director of the Office of Planning and Budget, acting jointly or independently, are authorized and directed to devise and distribute such forms as may be necessary to carry out subsection (a) of this Code section and, in connection therewith, to adopt and promulgate such rules and regulations as may be necessary to ensure compliance with said subsection.    (Ga. L. 1972, p. 411, § 1; Ga. L. 1990, p. 8, § 45; Ga. L. 2008, p. VO1, § 1-19/HB 529; Ga. L. 2014, p. 866, § 45/SB 340.)    The 2014 amendment,  effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, substituted "House Budget and Research Office, the Senate Budget and Evaluation Office" for "House Budget Office, the Senate Budget Office" in subsections (a) and (b).   RESEARCH REFERENCES   Am. Jur. 2d.   - 72 Am. Jur. 2d, States, Territories, and Dependencies, § 80.   C.J.S.   - 81A C.J.S., States, § 414.
GA Code § 45-12-111 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 12 - Governor|Article 4 - Office of Planning and Budget|Part 2 - Review of Applications for Federal Assistance and State Contracts|Subpart 1 - Federal Assistance|§ 45-12-111. Legislative Budget Analyst to Analyze Impact of Proposed Federal Assistance Project; Forwarding of Copy of Analysis to General Assembly Members

 As soon as practicable after receiving a notification provided for in Code Section 45-12-110, it shall be the duty of the legislative budget analyst to analyze the short-term and long-term impact the proposed federal assistance project would have on state budgetary and fiscal matters if the application for federal assistance were approved. Upon completion of said analysis, the legislative budget analyst shall forward a copy of same to the President of the Senate, the Speaker of the House of Representatives, each member of the appropriations committees of the House of Representatives and Senate, and to any member of the General Assembly requesting a copy of said analysis.   (Ga. L. 1972, p. 411, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 72 Am. Jur. 2d, States, Territories, and Dependencies, § 80.   C.J.S.   - 81A C.J.S., States, § 414.
GA Code § 45-12-112 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 12 - Governor|Article 4 - Office of Planning and Budget|Part 2 - Review of Applications for Federal Assistance and State Contracts|Subpart 1 - Federal Assistance|§ 45-12-112. Duties of Director of Office of Planning and Budget

 The director of the Office of Planning and Budget shall perform such duties in connection with receiving the notifications provided for in Code Section 45-12-110 as may be required by the Governor.   (Ga. L. 1972, p. 411, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Funds, § 33 et seq.   C.J.S.   - 81A C.J.S., States, § 340.