Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 14. MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS · Article 7. FORECLOSURE · Part 4. FORECLOSURES ON PERSONALTY

44-14-241. Foreclosure before debt due; affidavit of illegality; bond; trial of issue.

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

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.

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.

Ga. L. 1882-83, p. 109, § 3; Civil Code 1895, § 2756; Civil Code 1910, § 3289; Code 1933, § 67-1004.

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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, pages 654 to 655; merge action: carried; file SHA-256 02e72213893a.