reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 1 - IN GENERAL (§§ 44-14-160 — 44-14-165) › Section 44-14-162.2 - Mailing or delivery of notice to debtor; procedure

(a)
Notice of the initiation of proceedings to exercise a power of sale in a mortgage, security deed, or other lien contract shall be given to the debtor by the secured creditor no later than 30 days before the date of the proposed foreclosure. Such notice shall be in writing, shall include the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor, and shall be sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the property address or to such other address as the debtor may designate by written notice to the secured creditor. The notice required by this Code section shall be deemed given on the official postmark day or day on which it is received for delivery by a commercial delivery firm. Nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument.
(b)
The notice required by subsection (a) of this Code section shall be given by mailing or delivering to the debtor a copy of the notice of sale to be submitted to the publisher.
Amended by 2008 Ga. Laws 576,§ 2, eff. 5/13/2008.
Amended by 2001 Ga. Laws 370, § 6, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 1 - IN GENERAL (§§ 44-14-160 — 44-14-165) › Section 44-14-162.3 - Waiver or release of notice requirement

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
44-14-162.1
,
44-14-162.2
, this Code section, and Code Section
44-14-162.4
, a subsequent quitclaim deed in lieu of foreclosure shall be valid and effective as such.
Amended by 2012 Ga. Laws 735,§ 1, eff. 7/1/2012.
Amended by 2009 Ga. Laws 106,§ 2, eff. 7/1/2009.
Amended by 2002 Ga. Laws 462, § 44, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 1 - IN GENERAL (§§ 44-14-160 — 44-14-165) › Section 44-14-162.4 - 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.
Amended by 2012 Ga. Laws 735,§ 2, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 1 - IN GENERAL (§§ 44-14-160 — 44-14-165) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 1 - IN GENERAL (§§ 44-14-160 — 44-14-165) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 1 - IN GENERAL (§§ 44-14-160 — 44-14-165) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 2 - FORECLOSURE ON MORTGAGES (§§ 44-14-180 — 44-14-191) › Section 44-14-180 - Manner of foreclosing; petition; rule; venue

Mortgages on real estate may be foreclosed in the following manner:
(1)
Any person who applies and who is entitled to foreclose the mortgage shall, by himself or his attorney, petition the superior court of the county wherein the mortgaged property is located, which petition shall contain a statement of the case, the amount of the petitioner's demand, and a description of the property mortgaged;
(2)
Upon the filing of the petition, the court shall grant a rule directing that the principal, the interest, and the costs be paid into court. The rule shall be published twice a month for two months or served on the mortgagor or his special agent or attorney at least 30 days prior to the time at which the money is directed to be paid into the court; and
(3)
Notwithstanding paragraphs (1) and (2) of this Code section, where the land covered by the mortgage shall consist of a single tract of land divided by a county line or county lines, the mortgage may be foreclosed on the entire tract in either of the counties in which part of it is located; but, if the mortgagor shall reside upon the land, the mortgage shall be foreclosed in the county of his residence.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 2 - FORECLOSURE ON MORTGAGES (§§ 44-14-180 — 44-14-191) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 2 - FORECLOSURE ON MORTGAGES (§§ 44-14-180 — 44-14-191) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 2 - FORECLOSURE ON MORTGAGES (§§ 44-14-180 — 44-14-191) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 2 - FORECLOSURE ON MORTGAGES (§§ 44-14-180 — 44-14-191) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 2 - FORECLOSURE ON MORTGAGES (§§ 44-14-180 — 44-14-191) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 2 - FORECLOSURE ON MORTGAGES (§§ 44-14-180 — 44-14-191) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 2 - FORECLOSURE ON MORTGAGES (§§ 44-14-180 — 44-14-191) › Section 44-14-187 - Judgment; sale of mortgaged property

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 due on the mortgage and shall order the mortgaged property to be sold in the manner and under the same regulations which govern sheriffs' sales under execution.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 2 - FORECLOSURE ON MORTGAGES (§§ 44-14-180 — 44-14-191) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 2 - FORECLOSURE ON MORTGAGES (§§ 44-14-180 — 44-14-191) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 2 - FORECLOSURE ON MORTGAGES (§§ 44-14-180 — 44-14-191) › Section 44-14-190 - Disposition of proceeds

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 after paying off the mortgage and other liens, the surplus shall be paid to the mortgagor or his agent.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 2 - FORECLOSURE ON MORTGAGES (§§ 44-14-180 — 44-14-191) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 3 - FORECLOSURE OF DEEDS TO SECURE DEBT, PURCHASE CONTRACTS, AND BONDS FOR TITLE (§§ 44-14-210 — 44-14-211) › Section 44-14-210 - Execution and recordation of quitclaim deed following judgment; levy and sale; disposition of proceeds; notice

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 3 - FORECLOSURE OF DEEDS TO SECURE DEBT, PURCHASE CONTRACTS, AND BONDS FOR TITLE (§§ 44-14-210 — 44-14-211) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 1 - IN GENERAL (§§ 44-14-230 — 44-14-241) › Section 44-14-230 - Authority to foreclose; execution; sale

(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 an execution directed to all and singular the sheriffs, the marshals, the constables, or their lawful deputies, of this state, which execution shall command the sale of the secured property to satisfy the amount due from the debtor, together with the costs of the proceedings to foreclose the security interest in accordance with the procedure specified in this part, together with an order directing the defendant or the party in possession to turn over to the sheriff, the marshal, the constable, or their lawful deputies the property sought to be foreclosed upon as provided for in subsection (d) of Code Section
44-14-233
.
(b)
(1)
As used in this subsection, the term "rental transaction" means the lease or rental of goods or personal property.
(2)
Any owner of personal property leased or rented in a rental transaction who wishes to regain possession of such property as authorized by the terms of the transaction may obtain a writ of possession under this subpart in the same manner as is authorized for a holder of a security interest in personal property.
(3)
Solely for the purpose of applying the procedures specified by this part to rental transactions and not for any other purposes, the owner of the property shall be considered to be a secured party and the rented or leased property shall be considered to be secured property. Proceedings to regain property under a rental transaction shall be as provided in this subpart, except that after a writ of possession is granted the rented or leased property shall be delivered to the owner and shall not be levied upon.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 1 - IN GENERAL (§§ 44-14-230 — 44-14-241) › Section 44-14-231 - Petition for writ of possession; affidavit

Upon a statement of the facts under oath, any person holding a security interest on personal property and wishing to foreclose the security interest may petition, by affidavit, either in person or by his or her agent or attorney in fact or at law, for a writ of possession. Such affidavit shall be made pursuant to the requirements of Code Section
9-10-113
and forwarded with the petition to the appropriate judge, magistrate, or clerk in the county where the debtor may reside or where the secured property is located.
Amended by 2002 Ga. Laws 777, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 1 - IN GENERAL (§§ 44-14-230 — 44-14-241) › Section 44-14-234 - Payment into court; issuance of writ; possession and disposition of property pending resolution; disposition of payments

In any foreclosure action, the defendant shall comply with the following provisions:
(1)
Where the issue of the right of possession cannot be finally determined within two weeks from the date of service of the copy of the summons, the defendant shall be required to pay into the registry of the trial court:
(A)
All past due amounts which are admitted to be due and for which there are no allegations of defenses or claims which, if proven, would offset said amounts alleged past due; and
(B)
All amounts of unaccelerated payments which become due after the issuance of the summons as said amounts of payments become due;
provided, however, that, in lieu of the payments, the defendant shall be allowed to submit a receipt to the court indicating that the payments have been made to the secured creditor. In the event that the amount of the payments actually due or to become due is in controversy, the court shall determine the amount to be paid into the court in the same manner as provided in paragraph (2) of this Code section;
(2)
If the plaintiff and the defendant disagree as to the amounts actually due or to become due, the court shall set a hearing date to determine the amount to be paid into the court. At the hearing, the parties may submit to the court any evidence of the amounts actually due or to become due, including any security agreement and evidence of any claims or defenses arising out of the same transaction, for the purpose of establishing the actual amount of the payments to be paid into the registry of the court;
(3)
After the date of the service of the summons as provided in Code Section
44-14-232
, the defendant shall not transfer, remove, or convey the secured property without posting bond as provided in Code Section
44-14-237
;
(4)
If the defendant fails to comply with any provision of this Code section to the detriment of the plaintiff, the court shall issue a writ of possession. The issuance of a writ of possession shall not affect the merits of the case but shall only affect the right to possession pending a final decision on the merits; and
(5)
The court shall order the clerk of the court to pay to the plaintiff the amounts paid into the registry of the court as the payments are made; provided, however, that, if the defendant claims that he is entitled to all or a part of the funds and such claim is an issue of controversy in the litigation, the court shall order the clerk to pay to the plaintiff without delay only that portion of the funds to which the defendant has made no claim in the proceedings. That part of the funds which is a matter of controversy in the litigation shall remain in the registry of the court until a final determination of the issues.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 1 - IN GENERAL (§§ 44-14-230 — 44-14-241) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 1 - IN GENERAL (§§ 44-14-230 — 44-14-241) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 1 - IN GENERAL (§§ 44-14-230 — 44-14-241) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 1 - IN GENERAL (§§ 44-14-230 — 44-14-241) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 1 - IN GENERAL (§§ 44-14-230 — 44-14-241) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 1 - IN GENERAL (§§ 44-14-230 — 44-14-241) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 1 - IN GENERAL (§§ 44-14-230 — 44-14-241) › Section 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
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 2 - FORECLOSURES ARISING OUT OF COMMERCIAL TRANSACTIONS (§§ 44-14-260 — 44-14-269) › Section 44-14-260 - Definitions

As used in this subpart, the term:
(1)
"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.
(2)
"Consumer transaction" means the sale, lease, or rental of goods, services, or property, real or personal, primarily for personal, family, or household purposes.
(3)
"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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 2 - FORECLOSURES ARISING OUT OF COMMERCIAL TRANSACTIONS (§§ 44-14-260 — 44-14-269) › Section 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
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 2 - FORECLOSURES ARISING OUT OF COMMERCIAL TRANSACTIONS (§§ 44-14-260 — 44-14-269) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 2 - FORECLOSURES ARISING OUT OF COMMERCIAL TRANSACTIONS (§§ 44-14-260 — 44-14-269) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 2 - FORECLOSURES ARISING OUT OF COMMERCIAL TRANSACTIONS (§§ 44-14-260 — 44-14-269) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 2 - FORECLOSURES ARISING OUT OF COMMERCIAL TRANSACTIONS (§§ 44-14-260 — 44-14-269) › Section 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
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 2 - FORECLOSURES ARISING OUT OF COMMERCIAL TRANSACTIONS (§§ 44-14-260 — 44-14-269) › Section 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
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 2 - FORECLOSURES ARISING OUT OF COMMERCIAL TRANSACTIONS (§§ 44-14-260 — 44-14-269) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 2 - FORECLOSURES ARISING OUT OF COMMERCIAL TRANSACTIONS (§§ 44-14-260 — 44-14-269) › Section 44-14-268 - Motion for dissolution of writ; payment of claim or furnishing of bond; procedure upon dissolution of writ

(a)
At any time within which the defendant may file defenses as provided for under Code Section
44-14-267
, the defendant may:
(1)
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
(2)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 2 - FORECLOSURES ARISING OUT OF COMMERCIAL TRANSACTIONS (§§ 44-14-260 — 44-14-269) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 3 - FORECLOSURES ON BILLS OF SALE OR CONTRACTS RETAINING TITLE (§§ 44-14-280 — 44-14-282) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 3 - FORECLOSURES ON BILLS OF SALE OR CONTRACTS RETAINING TITLE (§§ 44-14-280 — 44-14-282) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 3 - FORECLOSURES ON BILLS OF SALE OR CONTRACTS RETAINING TITLE (§§ 44-14-280 — 44-14-282) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 4 - FORECLOSURES IN MAGISTRATE'S COURT (§§ 44-14-300 — 44-14-303) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 4 - FORECLOSURES IN MAGISTRATE'S COURT (§§ 44-14-300 — 44-14-303) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 4 - FORECLOSURES IN MAGISTRATE'S COURT (§§ 44-14-300 — 44-14-303) › Section 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.
Amended by 2003 Ga. Laws 9, § 44, eff. 5/14/2003.