reglab/housing_qa huggingface dataset:
GA Code § 44-14-162.4 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 1 - In General|§ 44-14-162.4. Sales Made on Foreclosure Under Power of Sale - Recitals in Deeds as to Meeting of Notice Requirement

 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.   (Ga. L. 1981, p. 834, § 2; Ga. L. 2012, p. 1079, § 2/SB 333.)    The 2012 amendment,  effective July 1, 2012, deleted "or a statement of the facts which render the same inapplicable thereto, which facts may include, without limitation, the nonresidential character of the property" at the end of the first sentence. See Editor's notes for applicability.   Editor's notes.   - Ga. L. 2012, p. 1079, § 3/SB 333, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2012, and shall apply to sales made on foreclosure under power of sale executed on or after July 1, 2012."   JUDICIAL DECISIONS    Deed of sale need not be set aside where only 14 days' notice was received by property owner who had defaulted on installment payments, even though O.C.G.A. § 44-14-162.4 requires that a deed under power contain a recital setting forth the giving of 15-day notice. Abdalla v. Reagin Enters., Inc., 256 Ga. 279, 347 S.E.2d 585 (1986).
GA Code § 44-14-163 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 1 - In General|§ 44-14-163. Vacation of Certain Judgments Prior to Sale - Jurisdiction, Power, and Authority

 When a judgment is rendered upon any obligation secured by a deed to secure debt, a bond for title to realty, or a bill of sale to personalty given under Code Section 44-14-60, the court which rendered the judgment shall have the jurisdiction, power, and authority to vacate and set aside the judgment at any time before the sale of the property described in the deed, bond for title, or bill of sale is made upon the motion of the attorney of the plaintiff in execution and of the attorney of the defendant in execution and the payment of the costs. The jurisdiction, power, and authority to vacate and set aside a judgment as provided in this Code section shall extend to a judgment on a purchase-money note, a conditional sale contract where a title is reserved as security or a bond for title is given, a judgment and decree foreclosing a mortgage, and all other cases where it is necessary under Code Section 44-14-210 to reconvey property to the defendant in execution for the purpose of levy and sale.   (Ga. L. 1927, p. 220, § 1; Code 1933, § 110-801.)   RESEARCH REFERENCES   ALR.    - Taking note for price as waiver of reservation of title under conditional sale, 13 A.L.R. 1044; 55 A.L.R. 1160.    Power of lower court to set aside, on ground of fraud, judgment entered pursuant to mandate of, or affirmed by, review court, 146 A.L.R. 1230.   Vacation or setting aside of judgment as to one or more of multiple parties against whom rendered as requiring its vacation as to all, 42 A.L.R.2d 1030.   Consent as ground for vacating judgment, or granting new trial, in civil case, after expiration of term or time prescribed by statute or rules of court, 3 A.L.R.3d 1191.
GA Code § 44-14-164 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 1 - In General|§ 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

 Whenever a judgment is so vacated and set aside, the clerk of the court in which it was rendered shall mark the fi. fa. issued on the judgment "canceled"; and the clerk of the superior court shall enter the same upon the general execution docket and make thereon an appropriate reference to the order vacating the judgment. Whenever a judgment is vacated and set aside as provided in Code Section 44-14-163, any deed reconveying the property to the defendant in fi. fa. for the purpose of levy and sale shall be automatically canceled and rendered null and void by virtue of this Code section; and the clerk of the superior court shall enter on the record of such deed or reconveyance, when recorded, the word "canceled" and shall make an appropriate reference to the order vacating the judgment.   (Ga. L. 1927, p. 220, § 2; Code 1933, § 110-802.)   RESEARCH REFERENCES   ALR.    - Taking note for price as waiver of reservation of title under conditional sale, 13 A.L.R. 1044; 55 A.L.R. 1060.    Rights and remedies respecting improvements made in reliance on a decree or order as to title or possession of real property which is subsequently reversed, 30 A.L.R. 936.    Reversal of judgment as affecting another judgment based on the reversed judgment and rendered pending the appeal, 81 A.L.R. 712.
GA Code § 44-14-165 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 1 - In General|§ 44-14-165. Vacation of Certain Judgments Prior to Sale - Effect

 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, shall be fully restored in all respects to their original status which existed prior to the commencement of the action in which the judgment was rendered; and thereafter the instruments shall be for all purposes whatsoever legally of force and effect as if an action had not been instituted and a judgment had not been obtained on the obligation.   (Ga. L. 1927, p. 220, § 3; Code 1933, § 110-803.)   RESEARCH REFERENCES   ALR.    - Rights and remedies respecting improvements made in reliance on a decree or order as to title or possession of real property which is subsequently reversed, 30 A.L.R. 936.
GA Code § 44-14-181 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 2 - Foreclosure on Mortgages|§ 44-14-181. Proceedings by Personal Representative When Mortgagee Deceased

 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.   (Orig. Code 1863, § 3867; Code 1868, § 3887; Code 1873, § 3963; Code 1882, § 3963; Civil Code 1895, § 2744; Civil Code 1910, § 3277; Code 1933, § 67-202.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 55 Am. Jur. 2d, Mortgages, § 1110.   C.J.S.   - 59A C.J.S., Mortgages, § 708 et seq.   ALR.    - Revivor or other steps necessary in event of mortgagee's death after sale of property but before confirmation of sale, 150 A.L.R. 502.
GA Code § 44-14-182 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 2 - Foreclosure on Mortgages|§ 44-14-182. Foreclosure by Transferee

 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 for the use of such assignee; and proceedings begun in the name of the transferee may be amended by making the mortgagee a party before or after the judgment.   (Civil Code 1895, § 2745; Civil Code 1910, § 3278; Code 1933, § 67-203.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 55 Am. Jur. 2d, Mortgages, §§ 1017, 1019.   C.J.S.   - 59 C.J.S., Mortgages, § 352.   ALR.    - One taking assignment of mortgage in payment of or as collateral security for prior debt as a bona fide purchaser, 80 A.L.R. 395.    Mortgagee's rights in respect of assumption clause in deed as affected by invalidity or avoidability of clause as between grantor and grantee, 100 A.L.R. 911.    Personal liability of purchaser of property subject to chattel mortgage, to the mortgagee, 100 A.L.R. 1038.    Release of vendee (or intermediate assignee of vendee's interest) by subsequent dealings between assignee and vendor, 125 A.L.R. 979.
GA Code § 44-14-183 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 2 - Foreclosure on Mortgages|§ 44-14-183. Proceedings Against Personal Representative When Mortgagor Deceased

 When the mortgagor is dead, the proceedings to foreclose the mortgage on real estate may be instituted against his executor or administrator.   (Orig. Code 1863, § 3870; Code 1868, § 3890; Code 1873, § 3966; Code 1882, § 3966; Civil Code 1895, § 2748; Civil Code 1910, § 3281; Code 1933, § 67-204.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 55 Am. Jur. 2d, Mortgages, § 1295.   C.J.S.   - 59 C.J.S., Mortgages, § 550.   ALR.    - Necessity in suit to foreclose mortgage on property of decedent of joining as parties devisees or heirs of decedent, and effect of failure to do so, 119 A.L.R. 807.    Personal representatives, or nonlien creditors, of deceased mortgagor or of deceased grantee of premises subject to mortgage (with or without assumption of mortgage debt), as necessary or proper parties to foreclosure suit, 124 A.L.R. 784.
GA Code § 44-14-184 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 2 - Foreclosure on Mortgages|§ 44-14-184. Defense Against Foreclosure; Verification

 When a rule nisi to foreclose a mortgage on real estate has been granted and published or served as required in Code Section 44-14-180, the mortgagor or his special agent or attorney may appear at the time at which the money is directed to be paid and file his objections to the foreclosure of the mortgage and may set up and avail himself of any defense which he might lawfully set up in an ordinary action instituted on the debt or demand secured by the mortgage and which defense shows that the applicant is not entitled to the foreclosure sought or that the amount claimed is not due; provided, however, that the facts of the defense shall be verified by the affidavit of the mortgagor or his special agent or attorney at the time of the filing of the affidavit.   (Laws 1799, Cobb's 1851 Digest, p. 510; Laws 1839, Cobb's 1851 Digest, p. 572; Code 1863, § 3868; Code 1868, § 3888; Code 1873, § 3964; Code 1882, § 3964; Civil Code 1895, § 2746; Civil Code 1910, § 3279; Code 1933, § 67-301.)   Law reviews.   - For annual survey of real property law, see 57 Mercer L. Rev. 331 (2005).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Defenses    RESEARCH REFERENCES   Am. Jur. 2d.   - 55 Am. Jur. 2d, Mortgages, § 676.   C.J.S.   - 59A C.J.S., Mortgages, § 700.   ALR.    - Tender after acceleration clause has become operative as preventing foreclosure of mortgage, 41 A.L.R. 732.    Judicial foreclosure of mortgage as affecting one who was not personally served within jurisdiction and did not appear, a regards the value of the property or the adequacy of the bid in foreclosure, in a subsequent action to enforce his personal liability on the obligation secured by the mortgage, 120 A.L.R. 1366.   Necessity of production of original note involved in mortgage foreclosure - twenty-first century cases, 86 A.L.R.6th 411.
GA Code § 44-14-185 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 2 - Foreclosure on Mortgages|§ 44-14-185. Defenses by Third Persons; Right of Purchaser Not Party to Foreclosure to Go Behind Judgment

 If the mortgagor or his special agent or attorney fails to set up a defense as provided in Code Section 44-14-184, it shall not be competent for any third person to interpose a defense and neither will the court itself, of its own motion, do so. However, one who purchases mortgaged property prior to the commencement of statutory proceedings to foreclose and who is not a party to the proceedings is not bound by the judgment of foreclosure and may, when the mortgage fi. fa. is levied, go behind the judgment and set up the defense that the mortgage could not be legally enforced against him whenever this is necessary and proper to establish the claim of title upon which he relies.   (Orig. Code 1863, § 3869; Code 1868, § 3889; Code 1873, § 3965; Code 1882, § 3965; Civil Code 1895, § 2747; Civil Code 1910, § 3280; Code 1933, § 67-302.)   RESEARCH REFERENCES   ALR.    - One taking assignment of mortgage in payment of or as collateral security for prior debt as a bona fide purchaser, 80 A.L.R. 395.    Judicial foreclosure of mortgage as affecting one who was not personally served within jurisdiction and did not appear, a regards the value of the property or the adequacy of the bid in foreclosure, in a subsequent action to enforce his personal liability on the obligation secured by the mortgage, 120 A.L.R. 1366.
GA Code § 44-14-186 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 2 - Foreclosure on Mortgages|§ 44-14-186. Jury Trial

 When proceedings to foreclose a mortgage shall be instituted and a defense shall be set up thereto, the issue shall be submitted to and tried by a jury.   (Orig. Code 1863, § 3871; Code 1868, § 3891; Code 1873, § 3967; Code 1882, § 3967; Civil Code 1895, § 2749; Civil Code 1910, § 3282; Code 1933, § 67-303.)   Cross references.   - Juries, Ch. 12, T. 15.   JUDICIAL DECISIONS   At what term issue tried.    - Where a rule nisi on a petition to foreclose in the superior court directed that the money due on the mortgage be paid into court on or before the first day of the term next immediately succeeding the term at which it was granted, and the rule was served on the defendant at least three months (now 30 days) before the term designated for the payment, the issue made by a defense filed at that term was triable at that term. Lankford v. Peterson, 20 Ga. App. 147, 92 S.E. 764 (1917).   RESEARCH REFERENCES   ALR.    - Tender after acceleration clause has become operative as preventing foreclosure of mortgage, 41 A.L.R. 732.    Right to jury trial of issues as to personal judgment for deficiency in suit to foreclose mortgage, 112 A.L.R. 1492.
GA Code § 44-14-188 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 2 - Foreclosure on Mortgages|§ 44-14-188. Effect of Judgment on One Purchasing During Pendency of Proceedings

 After proceedings to foreclose the mortgage have been begun, a purchaser from the mortgagor shall be bound by the judgment of foreclosure.   (Civil Code 1895, § 2376; Civil Code 1910, § 3269; Code 1933, § 67-402.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 55 Am. Jur. 2d, Mortgages, § 1240.   ALR.    - Reacquisition by mortgagor, or his grantee, of the title through foreclosure of first mortgage as affecting rights under a second mortgage to which the property was subject before the foreclosure, 111 A.L.R. 1285.
GA Code § 44-14-189 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 2 - Foreclosure on Mortgages|§ 44-14-189. Rights of Purchaser at Void or Irregular Sale

 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.   (Civil Code 1895, § 5471; Civil Code 1910, § 6076; Code 1933, § 67-403.)   RESEARCH REFERENCES   23 Am. Jur. Pleading and Practice Forms, Subrogation, § 2.   ALR.    - Rights in mortgage security, of mortgagor or intermediate grantee who pays the mortgage debt after conveying the property, 2 A.L.R. 242.
GA Code § 44-14-191 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 2 - Foreclosure on Mortgages|§ 44-14-191. Treatment of Proceeds of Sale When Debt Due in Installments

 If the mortgage is given to secure a debt due by installments and is foreclosed before any one of the installments falls due and there is a surplus of funds as provided in Code Section 44-14-190, the court may retain the funds or order them to be invested to meet the unpaid installments.   (Orig. Code 1863, § 3874; Code 1868, § 3894; Code 1873, § 3970; Code 1882, § 3970; Civil Code 1895, § 2752; Civil Code 1910, § 3285; Code 1933, § 67-502.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 55 Am. Jur. 2d, Mortgages, § 785.   ALR.    - Right of holder of interest coupons through one who had guaranteed their payment to share with holder of principal obligation in proceeds of mortgage security, 41 A.L.R. 1254.    Financial depression or lack of market as ground for enjoining sale under a mortgage or deed of trust to secure debt, 82 A.L.R. 976; 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.    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, 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.   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 § 44-14-210 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|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

  In cases where a contract to purchase or a bond for title has been made, where purchase money has been partly paid, or where a deed to secure a debt has been executed and the purchase money or secured debt has been reduced to judgment by the payee, assignee, or holder of the debt, the holder of the legal title or, if dead, his executor or administrator, without order of any court, shall make and execute to the defendant in fi. fa. or, if he is dead, to his executor or administrator a quitclaim conveyance to the real or personal property and shall file and have the quitclaim conveyance recorded in the clerk's office. Thereupon, the property may be levied upon and sold as other property of the defendant; and the proceeds shall be applied to the payment of the judgment or, if there are conflicting claims, the proceeds shall be applied as determined in proceedings had for that purpose.   In all cases provided for in subsection (a) of this Code section, notice of the levy and time of sale shall be given by the levying officer to the vendor or holder of the title given to secure the debt, if known, and also to the defendant in fi. fa. and, in case of death, to their legal representatives. Depositing a properly addressed and stamped letter in the post office shall be deemed sufficient notice under this subsection.    (Laws 1847, Cobb's 1851 Digest, p. 517; Laws 1850, Cobb's 1851 Digest, p. 518; Code 1863, § 3581; Code 1868, § 3604; Code 1873, § 3654; Code 1882, §§ 1970, 3654; Ga. L. 1894, p. 100, §§ 1, 3; Civil Code 1895, §§ 5432, 5434; Civil Code 1910, §§ 6037, 6039; Code 1933, §§ 39-202, 67-1501.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 30 Am. Jur. 2d, Executions, §§ 232, 244. 55 Am. Jur. 2d, Mortgages, § 572 et seq. 68 Am. Jur. 2d, Secured Transactions, § 572 et seq.   24A Am. Jur. Pleading and Practice Forms, Vendor and Purchaser, § 3.   C.J.S.   - 33 C.J.S., Executions, § 45. 59A C.J.S., Mortgages, § 690 et seq.   ALR.    - Judgment as lien on judgment debtor's equitable interest in real property, 30 A.L.R. 504.    Rights or interests covered by quitclaim deed, 44 A.L.R. 1266; 162 A.L.R. 556.    Recording laws as applied to power of attorney under which deed or mortgagee is executed, 114 A.L.R. 660.    Constitutionality of provision for service by publication of notice of proceeding by purchaser at tax sale to foreclose delinquent owner's right of redemption, or of other proceeding perfect tax purchaser's title, 145 A.L.R. 597.   Interest of vendee under executory contract as subject to execution, judgment lien, or attachment, 1 A.L.R.2d 727.
GA Code § 44-14-211 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 7 - Foreclosure|Part 3 - Foreclosure of Deeds to Secure Debt, Purchase Contracts, and Bonds for Title|§ 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

 In all cases where a deed to land has been executed to secure a debt or the performance of an obligation and the grantor therein is or becomes thereafter liable to the process of attachment, an attachment may issue against him at the instance of the payee, assignee, or holder of the debt or obligation upon his compliance with the provisions of law relating to attachments. The attachment shall be levied upon the land described in the deed, and the subsequent proceedings shall be in all respects as prescribed by law in relation to attachments. The holder of the legal title of the land described in the deed or, if dead, his executor or administrator may make and execute, without order of any court, for the purpose of levy and sale after the rendition of judgment in attachment and the issuance of execution thereon, a quitclaim deed of conveyance of the land to the grantor in the deed and may file the same for record in the office of the clerk of the superior court of the county where the land is located. When a judgment is obtained upon the attachment and the deed is so filed and recorded, the execution issued upon the judgment may be levied upon the land and the land may be sold as other property of the defendant. The proceeds arising from the sale shall be applied to the payment of the judgment or, if there are conflicting claims, the proceeds shall be applied as determined in proceedings had for that purpose; provided, however, this Code section shall not apply unless the debt or debts or liabilities so secured have become due under the terms of the contract creating the obligation or obligations.   (Ga. L. 1918, p. 133, § 1; Code 1933, § 67-1502.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 6 Am. Jur. 2d, Attachment and Garnishment, §§ 144-146. 55 Am. Jur. 2d, Mortgages, § 525.   C.J.S.   - 7 C.J.S., Attachment, §§ 49, 54.