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Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 14. MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS · Article 7. FORECLOSURE · Part 2. FORECLOSURE ON MORTGAGES

44-14-180. Manner of foreclosing; petition; rule; venue.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. Mortgages on real estate may be foreclosed in the following manner:

  2. (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;#

  3. (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#

  4. (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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Laws 1829, Cobb’s 1851 Digest, pp. 570, 572; Laws 1836, Cobb’s 1851 Digest, p. 572; Code 1863, § 3866; Code 1868, § 3886; Code 1873, § 3962; Ga. L. 1878-79, p. 50, § 1; Code 1882, § 3962; Civil Code 1895, § 2743; Civil Code 1910, § 3276; Ga. L. 1920, p. 78, § 1; Code 1933, § 67-201.

Law reviews

For note discussing problems with venue in Georgia, and proposing statutory revisions to improve the resolution of venue questions, see 9 Ga. St. B.J. 254 (1972).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch8-15-(v32)-2022-pdf.pdf, Volume V32, 2022 edition, page 605; merge action: carried; file SHA-256 02e72213893a.