reglab/housing_qa huggingface dataset:
GA Code § 44-6-180 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 2 - Partition|Subpart 3 - Uniform Partition of Heirs Property|§ 44-6-180. Definitions

 As used in this subpart, the term:    "Ascendant" means an individual who precedes another individual in lineage in a direct line of ascent from the other individual.   "Broker" means any individual or entity issued a broker's real estate license by the Georgia Real Estate Commission pursuant to Chapter 40 of Title 43. Such term shall include the broker's affiliated licensees.   "Collateral" means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant.   "Descendant" means an individual who follows another individual in lineage in a direct line of descent from the other individual.   "Heirs property" means real property held in tenancy in common which satisfies all of the following requirements on the date of the filing of a partition action:   There is no agreement in a record binding all the cotenants which governs the partition of the property;   One or more of the cotenants acquired title from a relative, whether living or deceased; and   Any of the following applies:   Twenty percent or more of the interests are held by cotenants who are relatives;   Twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or   Twenty percent or more of the cotenants are relatives.       "Partition by sale" means a court ordered sale of the entire heirs property, whether by public sale, sealed bids, or open-market sale conducted under Code Section 44-6-187.   "Partition in kind" means the division of heirs property into physically distinct and separately titled parcels.   "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.   "Relative" means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this subpart.     (Code 1981, §44-6-180, enacted by Ga. L. 2012, p. 97, § 2/HB 744.)   Law reviews.   - For article, "A Primer on Heirs Property and Georgia's New Uniform Partition of Heirs Property Act: Protecting Owners of Heirs Property," see 19 G. St. B.J. 16 (Oct. 2013).   JUDICIAL DECISIONS   Mandatory procedure must be followed.    - Denial of the appellant's motion for a new trial was reversed because in light of the mandatory language in the Uniform Partition of Heirs Property Act (UPHPA), specifically O.C.G.A. § 44-6-181(b), the trial court erred in not making an initial determination, prior to ordering the parties to mediation, whether the property was heirs property and, if so, it was required to partition the property pursuant to the UPHPA unless all of the cotenants, not just all of the non-defaulting cotenants, otherwise agreed. Faison v. Faison, 344 Ga. App. 600, 811 S.E.2d 431 (2018).
GA Code § 44-6-181 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 2 - Partition|Subpart 3 - Uniform Partition of Heirs Property|§ 44-6-181. Application; Determination of Heirs Property

  This subpart shall apply to partition actions filed on or after January 1, 2013.   In an action to partition real property under Subpart 1 or 2 of this part, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property shall be partitioned pursuant to this subpart unless all of the cotenants otherwise agree in a record.     (Code 1981, §44-6-181, enacted by Ga. L. 2012, p. 97, § 2/HB 744; Ga. L. 2013, p. 141, § 44/HB 79.)    The 2013 amendment,  effective April 24, 2013, part of an Act to revise, modernize, and correct the Code, revised capitalization in the first sentence of subsection (b).
GA Code § 44-6-182 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 2 - Partition|Subpart 3 - Uniform Partition of Heirs Property|§ 44-6-182. Posting Notice Sign on Property

 If an order for service by publication of the summons for a writ of partition is granted and the court determines that the property may be heirs property, the plaintiff, not later than ten days after the court's determination that the property may be heirs property, shall post a sign in the right of way adjacent to the property which is the subject of the writ of partition, and the plaintiff shall maintain such sign while the action is pending. The sign shall state that a writ of partition has commenced, the name and address of the court in which the action is pending, and the common designation by which the property is known. The court may require the plaintiff to publish the name of the plaintiff and names of the known defendants on the sign.    (Code 1981, §44-6-182, enacted by Ga. L. 2012, p. 97, § 2/HB 744.)
GA Code § 44-6-183 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 2 - Partition|Subpart 3 - Uniform Partition of Heirs Property|§ 44-6-183. Qualifications of Partitioners

 If the court appoints partitioners as described in Code Section 44-6-163, each partitioner shall be a discreet person, disinterested, impartial, and not a party to or a participant in the writ of partition.    (Code 1981, §44-6-183, enacted by Ga. L. 2012, p. 97, § 2/HB 744.)
GA Code § 44-6-187 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 2 - Partition|Subpart 3 - Uniform Partition of Heirs Property|§ 44-6-187. Open Market Sales; Brokers and Commissions; Sealed Bids or Public Sale

  If the court orders an open-market sale of heirs property, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or a public sale would be more economically advantageous and in the best interest of the cotenants as a group.   If the court orders an open-market sale and the parties, not later than ten days after the entry of the order, agree on a broker to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties cannot agree on a broker, the court shall appoint a disinterested broker to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the fair market value determined by the court under Code Section 44-6-184 or the valuation of the property agreed upon by the cotenants and on the terms and conditions established by the court.   If the broker appointed under subsection (b) of this Code section obtains within a reasonable time an offer to purchase the property for at least the fair market value determined by the court under Code Section 44-6-184 or the valuation of the property agreed upon by the cotenants:   The broker shall comply with the reporting requirements in Code Section 44-6-188; and   The sale may be completed in accordance with state law other than this subpart.     If the broker appointed under subsection (b) of this Code section cannot obtain within a reasonable time an offer to purchase the property for at least the fair market value determined by the court under Code Section 44-6-184 or the valuation of the property agreed upon by the cotenants, the court, after hearing, shall:   Approve the highest outstanding offer, if any;   Redetermine the value of the property and order that the property continue to be offered for an additional time; or   Order that the property be sold by sealed bids or at a public sale.     If the court orders a sale by sealed bids or a public sale, the court shall set terms and conditions of the sale. If the court orders a public sale, the public sale shall be conducted as a public sale in accordance with Code section 44-6-167.   If a purchaser is entitled to a share of the proceeds of the sale, the purchaser shall be entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.     (Code 1981, §44-6-187, enacted by Ga. L. 2012, p. 97, § 2/HB 744.)
GA Code § 44-6-188 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 2 - Partition|Subpart 3 - Uniform Partition of Heirs Property|§ 44-6-188. Obligation of Brokers to Court; Reporting Requirements

  A broker appointed under subsection (b) of Code Section 44-6-187 to offer heirs property for open-market sale shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the value determined under Code Section 44-6-184 or 44-6-187.   The report required by subsection (a) of this Code section shall contain the following information:   A description of the property to be sold to each buyer;   The name of each buyer;   The proposed purchase price;   The terms and conditions of the proposed sale, including the terms of any owner financing;   The amounts to be paid to lienholders;   A statement of contractual or other arrangements or conditions of the broker's commission; and   Other material facts relevant to the sale.       (Code 1981, §44-6-188, enacted by Ga. L. 2012, p. 97, § 2/HB 744.)
GA Code § 44-6-189 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 2 - Partition|Subpart 3 - Uniform Partition of Heirs Property|§ 44-6-189. Uniformity Among States

 In applying and construing this subpart, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the "Uniform Partition of Heirs Property Act."    (Code 1981, §44-6-189, enacted by Ga. L. 2012, p. 97, § 2/HB 744.)
GA Code § 44-6-189.1 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 6 - Estates|Article 7 - Tenancy in Common|Part 2 - Partition|Subpart 3 - Uniform Partition of Heirs Property|§ 44-6-189.1. Construction With Federal Electronic Signatures in Global and National Commerce Act

 This subpart modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).    (Code 1981, §44-6-189.1, enacted by Ga. L. 2012, p. 97, § 2/HB 744.)
GA Code § 44-14-235 (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 1 - In General|§ 44-14-235. Appeals; Possession Pending Appeal

 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 the court awards possession of the secured property to the plaintiff and the defendant appeals this judgment, the defendant shall remain in possession of the secured property, provided that the defendant complies with all of the provisions of Code Section 44-14-234 until the issue has been finally determined on appeal.   (Code 1933, § 67-706, enacted by Ga. L. 1974, p. 398, § 1.)   Law reviews.   - For article on this part and personal property foreclosures, see 11 Ga. St. B.J. 230 (1975).   JUDICIAL DECISIONS    Cited in Jordan v. F & M Bank, 138 Ga. App. 43, 225 S.E.2d 498 (1976); Coppage v. Mellon Bank, 142 Ga. App. 12, 234 S.E.2d 824 (1977); First Nat'l Bank v. Baker, 142 Ga. App. 870, 237 S.E.2d 233 (1977); Sumner v. Adel Banking Co., 241 Ga. 563, 246 S.E.2d 680 (1978); King Orthopedic Appliances, Inc. v. Medical Funding Servs., Inc., 152 Ga. App. 544, 263 S.E.2d 485 (1979); Ward v. Charles D. Hardwick Co., 156 Ga. App. 96, 274 S.E.2d 20 (1980); Golden v. Gray, 156 Ga. App. 596, 275 S.E.2d 162 (1980); Robenolt v. Chrysler Fin. Servs. Corp., 201 Ga. App. 168, 410 S.E.2d 365 (1991).
GA Code § 44-14-236 (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 1 - In General|§ 44-14-236. Execution and Levy; Retention by Plaintiff; Sale

 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 of possession. At the option of the plaintiff, the sheriff, the deputy, the marshal, the constable, or a duly qualified levying officer of the court shall either surrender the secured property to the plaintiff for retention or disposition in accordance with Article 9 of Title 11 or shall advertise and sell the same as in the case of levy and sale under execution.   (Code 1933, § 67-707, enacted by Ga. L. 1974, p. 398, § 1.)   Law reviews.   - For article on this part and personal property foreclosures, see 11 Ga. St. B.J. 230 (1975).   JUDICIAL DECISIONS   Extent of court's authority.    - While O.C.G.A. § 44-14-236 authorizes a court having jurisdiction to grant a writ of possession to the secured property, it does not authorize a state court judge to command affirmatively that the defendant return the property and thus allow a plaintiff to dispense with a levy made on the secured property by the sheriff, deputy, marshal, constable or a duly qualified levying officer of the court. Riviera Equip., Inc. v. Omega Equip. Corp., 145 Ga. App. 640, 244 S.E.2d 139 (1978).    Cited in Bank of S. v. Hammock, 140 Ga. App. 552, 231 S.E.2d 407 (1976); Sumner v. Adel Banking Co., 241 Ga. 563, 246 S.E.2d 680 (1978); Ward v. Charles D. Hardwick Co., 156 Ga. App. 96, 274 S.E.2d 20 (1980); Hennington v. Greenpoint Mortg. Funding, Inc., F. Supp. 2d (N.D. Ga. May 15, 2009).   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.
GA Code § 44-14-237 (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 1 - In General|§ 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, remove, or convey any of the secured property after the service of the summons and after having an opportunity to answer, the defendant shall post bond for the delivery of the property at the time and place of sale. The bond shall be with good security for a sum equal to the value of the property or the amount of the alleged remaining balance, whichever is less. The value of the property shall be estimated by the judge, the magistrate, or the clerk. Upon the approval of the bond by the judge, the magistrate, or the clerk, the defendant may transfer, remove, or convey such property as may be approved by the judge, the magistrate, or the clerk.   (Code 1933, § 67-709, enacted by Ga. L. 1974, p. 398, § 1; Code 1933, § 67-708, as redesignated by Ga. L. 1975, p. 1213, § 3; Ga. L. 1987, p. 1023, § 6.)   Law reviews.   - For article on this part and personal property foreclosures, see 11 Ga. St. B.J. 230 (1975).   JUDICIAL DECISIONS   Defendant's failure to post bond entitled plaintiff to immediate writ of possession.    - Consulting company sued a store for breach of contract; the store's debt to the company was secured by UCC financing statements on the store's inventory. The company was entitled to an immediate writ of possession because after the suit was filed, the store sold and transferred merchandise subject to the company's security interest without posting bond as required by O.C.G.A. §§ 44-14-234(3) and44-14-237. Deere Park & Assocs. v. C H Furniture Source, LLC, 296 Ga. App. 382, 674 S.E.2d 635 (2009).    Cited in Ward v. Charles D. Hardwick Co., 156 Ga. App. 96, 274 S.E.2d 20 (1980).   RESEARCH REFERENCES   C.J.S.   - 14 C.J.S., Chattel Mortgages, § 408.
GA Code § 44-14-238 (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 1 - In General|§ 44-14-238. Foreclosure When Debts Due in Installments; Treatment of Surplus

 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.   (Orig. Code 1863, § 1967; Code 1868, § 1955; Code 1873, § 1965; Code 1882, § 1965; Civil Code 1895, § 2739; Civil Code 1910, § 3272; Code 1933, § 67-1001.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 69 Am. Jur. 2d, Secured Transactions, §§ 557, 572, 590-606, 734-736.   C.J.S.   - 14 C.J.S., Chattel Mortgages, §§ 183, 360.   ALR.    - Validity, construction, and application of insecurity clause in chattel mortgage, 125 A.L.R. 313.   Excess of payment for one period as applicable to subsequent period under contract or mortgage providing for periodic payments, 89 A.L.R.3d 947.
GA Code § 44-14-239 (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 1 - In General|§ 44-14-239. Foreclosure Before Debt Due - Grounds; Affidavit

 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 to dispose fraudulently or is fraudulently disposing of the mortgaged property and a disposal of the property will lessen the security, the creditor may foreclose his mortgage in the manner prescribed by law, except that the affidavit need not state that the debt or demand is due but shall state that the debtor has placed himself in one of the positions where a process of attachment could legally issue against him, or that the defendant is disposing or seeking to dispose of the mortgaged property and that a disposal of the property will lessen the security and shall state the amount of the debt or demand claimed and when the debt will be due.   (Ga. L. 1882-83, p. 109, § 1; Civil Code 1895, § 2754; Civil Code 1910, § 3287; Civil Code 1933, § 67-1002.)   RESEARCH REFERENCES   C.J.S.   - 14 C.J.S., Chattel Mortgages, §§ 356, 360.   ALR.    - Validity, construction, and application of insecurity clause in chattel mortgage, 125 A.L.R. 313.   Failure to keep up insurance as justifying foreclosure under acceleration provision in mortgage or deed of trust, 69 A.L.R.3d 774.
GA Code § 44-14-240 (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 1 - In General|§ 44-14-240. Foreclosure Before Debt Due - Levy and Sale; Disposition of Proceeds

 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 that the money shall not be paid over to the plaintiff in fi. fa. until the debt secured by the mortgage becomes due.   (Ga. L. 1882-83, p. 109, § 2; Civil Code 1895, § 2755; Civil Code 1910, § 3288; Code 1933, § 67-1003.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 69 Am. Jur. 2d, Secured Transactions, § 575.   C.J.S.   - 14 C.J.S., Chattel Mortgages, §§ 407, 425.
GA Code § 44-14-241 (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 1 - In General|§ 44-14-241. Foreclosure Before Debt Due - Affidavit of Illegality; Bond; Trial of Issue

 After the levy of the execution on the mortgaged property, the defendant may file his affidavit of illegality, in which affidavit he may avail himself of any defense that he could have set up in an ordinary action upon the demand secured by the mortgage and may show that he is not justly indebted to the plaintiff in the sum claimed in the affidavit of foreclosure. The subsequent proceedings, as to the giving of bond and the trial of the issue made in the case, shall be conducted in the manner prescribed by Code Section 44-14-233.   (Ga. L. 1882-83, p. 109, § 3; Civil Code 1895, § 2756; Civil Code 1910, § 3289; Code 1933, § 67-1004.)
GA Code § 44-14-260 (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|§ 44-14-260. Definitions

 As used in this subpart, the term:    "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.   "Consumer transaction" means the sale, lease, or rental of goods, services, or property, real or personal, primarily for personal, family, or household purposes.   "Waiver" means a written statement signed by the defendant, which statement contains language clearly and unambiguously waiving any and all rights the defendant may have to a notice prior to seizure by a creditor having an interest in personal property of the defendant. No waiver shall be effective unless the interest sought to be foreclosed upon arose out of a commercial transaction.    (Code 1933, § 67-718, enacted by Ga. L. 1975, p. 1213, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 68 Am. Jur. 2d, Secured Transactions, §§ 23, 590-606.   C.J.S.   - 14 C.J.S., Chattel Mortgages, § 370.   ALR.    - Chattel mortgage on property consumable in use, 49 A.L.R. 1495.