GA Code § 23-2-114 (2021)
2021 Georgia Code|Title 23 - Equity|Chapter 2 - Grounds for Equitable Relief|Article 6 - Exercise of Powers of Appointment and Sale|§ 23-2-114. Powers of Sale to Be Construed Strictly; Manner of Sale; Who May Exercise

 Powers of sale in deeds of trust, mortgages, and other instruments shall be strictly construed and shall be fairly exercised. In the absence of stipulations to the contrary in the instrument, the time, place, and manner of sale shall be that pointed out for public sales. Unless the instrument creating the power specifically provides to the contrary, a personal representative, heir, heirs, legatee, devisee, or successor of the grantee in a mortgage, deed of trust, deed to secure debt, bill of sale to secure debt, or other like instrument, or an assignee thereof, or his personal representative, heir, heirs, legatee, devisee, or successor may exercise any power therein contained; and such powers may so be exercised regardless of whether or not the transfer specifically includes the powers or conveys title to the property described. A power of sale not revocable by death of the grantor or donor may be exercised after his death in the same manner and to the same extent as though the grantor or donor were in life; and it shall not be necessary in the exercise of the power to advertise or sell as the property of the estate of the deceased nor to make any mention of or reference to the death.   (Civil Code 1895, § 4023; Civil Code 1910, § 4620; Code 1933, § 37-607; Ga. L. 1937, p. 481, § 1; Ga. L. 1967, p. 735, § 1.)   Cross references.   - Ambiguous terms and rules of construction of instruments, § 11-3-118.    Operation of "open-end" clauses in real estate mortgages and deeds to secure debt, § 44-14-1.    Barring of power of sale in conveyance of real property to secure debt, see § 44-14-81.   Law reviews.   - For survey article on real property law, see 60 Mercer L. Rev. 345 (2008). For article, "Buying Distressed Commercial Real Estate: What are the Alternatives?," see 16 (No. 4) Ga. St. B.J. 18 (2010).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Strict Construction   Exercise of Power by Assignee   Manner of Sale Generally    RESEARCH REFERENCES   Am. Jur. 2d.   - 31 Am. Jur. 2d, Executors and Administrators, § 439.   C.J.S.   - 72 C.J.S., Powers, §§ 1, 24 et seq.   ALR.    - Power of sale in mortgage or deed of trust as one coupled with interest, 56 A.L.R. 224.    Power to mortgage as authorizing insertion of power of sale in mortgage, 72 A.L.R. 158.    Power of sale as including power to mortgage, 92 A.L.R. 882.    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.    Power of court to sell property in mortgage enforcement suit, or propriety of sale, as affected by opposition of mortgagee or trustee on whom mortgage or deed of trust confers discretion, 103 A.L.R. 1440.    Power of court to authorize pledge or other disposal of property in manner not authorized by trust deed or trust agreement securing bonds or participation certificates, 105 A.L.R. 195.    Exercise of power of sale in mortgage during pendency of suit to foreclose, 107 A.L.R. 721.    Doctrine of equitable conversion as affected by discretion as to time, manner or other circumstances of sale, where the duty to sell is mandatory, 124 A.L.R. 1448.   Power of sale conferred on executor by testator as authorizing private sale, 11 A.L.R.2d 955.   Foreclosure sale or mortgaged real estate as a whole or in parcels, 61 A.L.R.2d 505.   Mortgages: effect upon obligation of guarantor or surety of statute forbidding, or restricting deficiency judgments, 49 A.L.R.3d 554.   Power to appoint realty in fee or personalty absolutely as including power to appoint lesser estate or interest, 94 A.L.R.3d 895.   Recognition of action for damages for wrongful foreclosure - general views, 81 A.L.R.6th 161.   Recognition of action for damages for wrongful foreclosure - types of actions, 82 A.L.R.6th 43.