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

44-14-182. Foreclosure by transferee.

Active

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

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.

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.

Civil Code 1895, § 2745; Civil Code 1910, § 3278; Code 1933, § 67-203.

History of Section.: This Code section was codified from the decisions of Nicholson v. Whaley, 90 Ga. 257, 16 S.E. 84 (1892); Burgwyn & Bros. Tobacco Co. v. Bentley & Co., 90 Ga. 508, 16 S.E. 216 (1892), and Setze v. First Nat’l Bank, 140 Ga. 603, 79 S.E. 540 (1913). It appeared for the first time in the Code of 1895.

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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 610; merge action: carried; file SHA-256 02e72213893a.