O.C.G.A. § 44-13-120 (2019)
Rights of Georgia residents
As against a domesticated judgment from another state, a judgment debtor resident in Georgia shall be entitled to assert, in addition to any other exemption under Georgia law, an exemption from levy and sale and any other process equal to the exemption which would be provided to the judgment debtor by the law of the state in which the judgment was entered if the judgment debtor were a resident of that state.
History
Code 1981, § 44-13-120, enacted by Ga. L. 2004, p. 451, § 1.
CHAPTER 14 MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS Sec.
Article 1 In General Sec.
Operation of “open-end” clauses; limited to ex contractu obligations between parties. What advances secured by mortgage or conveyance to secure debt; effect of recorded transfer of property subject to “open-end” clause; notice of transfer. Furnishing of cancellation by grantee or holder upon payment; liability for failure to comply; cancellation of instrument after failure to comply; liability of agents. Procedure for recording cancellation of mortgage. Practices prohibited in connection with certain residential real estate transactions. Wrongful sale or removal of mortgaged property; penalty. Selling or disposing of motor vehicle securing bill of sale with intent to defraud; penalty. Removal or other disposal of encumbered property in order to hinder levy; penalty; venue. Aiding and abetting removal or other disposal; venue; conviction not dependent upon principal’s conviction. Search for property where defendant has no permanent abode; venue of prosecution. Entry of nulla bona; shifting of burden of proof. Deceiving as to existence of
lien; making second deed of conveyance; penalty. Disbursement of settlement proceeds; delivery of loan funds to settlement agent by lender; damages. Vacant and foreclosed real property registries; definitions; fees and penalties for registration. Fee for a future conveyance; limited circumstances. Article 2 Mortgages
Mortgage as security only; effect on title. Form and contents of mortgage. Use of parol evidence to prove apparent deed a mortgage. Attestation or acknowledgment of mortgage; additional witness in case of land; constructive notice. Signing of mortgages executed outside state. Recording of mortgages on realty; effect of renewed mortgage as lien absent recordation. Property covered by mortgage or bill of sale to secure debt; mortgage or bill given to secure bond issue. Registry of mortgages on property of railroads and other utilities. Effect of failure to record [Repealed]. Admission of mortgages into evidence [Repealed]. Effect of defective record as notice. Probate of mortgages. Tacking of mortgages.
Sec.
Sec. Mortgages to sureties and guarantors. Redemption of property by mortgagor. Foreclosure of mortgage after note barred by limitations. Sale of mortgaged land under other process; claiming proceeds of sale. Forthcoming bond by purchaser of mortgaged personalty; affidavit of mortgagee. When mortgage fi. fa. may claim proceeds of sale. Sale of mortgaged property without foreclosure and claim by mortgagee. Foreclosure by one of several mortgagees; control and distribution of proceeds by court. Right of holder of mortgage to foreclose in equity. Article 3
PART 1 IN GENERAL
Deed to secure debt as absolute deed; necessity of bond of title or to reconvey. Signing of deeds to secure debt and bills of sale. Out-of-state deeds to secure debt and bills of sale. [Effective until July 1, 2023. See note.] Recording of deeds to secure debt and bills of sale to secure debt; effect of failure to record. [Effective July 1, 2023. See note.] Recording of deeds to secure debt and bills of sale to secure debt; effect of failure to record. Transfers of deeds to secure debt; execution; partial transfers; transfers by certain financial institutions;
requirements for recording; payoff balance. Fees for transfer of real property covered by deed to secure debt [Repealed]. Effect of liens against grantee on grantor’s right to reconvey; effect of reconveyance in event of grantor’s prior death. Cancellation of deed as reconveyance of title. PART 2
Conveyances to Secure Debt and Bills of Sale
Reversion of realty to grantor; renewals and affidavits; effect; fees; construction of Code section. When power of sale barred. When action to recover barred. Actions to foreclose and exercise of powers of sale after reversion. Effect of grantor relinquishing possession in settlement of debt. Withdrawal of foreclosure proceedings after acceleration of maturity of indebtedness; effect on running of statute of limitations; rescission of acceleration. Article 4
Security Agreements Relating to Crops
Tree growing and fruit producing as agricultural pursuits; gum producers as farmers. Crops as personalty. Article 5 Trust Deeds
Enforcement of rights; petition; order. Defense by maker; when and how made; affidavit. Action against maker’s personal representative.
Sec.
Trial of issues. Judgment; lien thereof; levy and sale of the land. Disposition of proceeds of sale; surplus. Debt due in installments; treatment of surplus.
Sec.
Article 6
Expiration and Extension of Instruments Affecting Personalty
Expiration of notice effected by recording of mortgage or other security instrument on personalty. Extension of time period; affidavit. Recording of affidavit; indexing; fee. Limitations on instruments filed before March 31, 1937. Exclusion of public utility corporations from coverage of Code Sections 44-14-140 through 44-14-143.
PART 2 FORECLOSURE ON MORTGAGES
Article 7 Foreclosure
PART 1 IN GENERAL
Filing of foreclosure and deed under power; penalty for late payment.