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2018 Georgia Code 44-14-162.4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-14-162.4 Case Law from Google Scholar Amendments to OCGA 44-14-162.4

TITLE 44 PROPERTY

Section 14. Mortgages, Conveyances to Secure Debt, and Liens, 44-14-1 through 44-14-613.

ARTICLE 7 FORECLOSURE

44-14-162.4. Sales made on foreclosure under power of sale - 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.

(Ga. L. 1981, p. 834, § 2; Ga. L. 2012, p. 1079, § 2/SB 333.)

The 2012 amendment, effective July 1, 2012, deleted "or a statement of the facts which render the same inapplicable thereto, which facts may include, without limitation, the nonresidential character of the property" at the end of the first sentence. See Editor's notes for applicability.

Editor's notes.

- Ga. L. 2012, p. 1079, § 3/SB 333, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2012, and shall apply to sales made on foreclosure under power of sale executed on or after July 1, 2012."

JUDICIAL DECISIONS

Deed of sale need not be set aside where only 14 days' notice was received by property owner who had defaulted on installment payments, even though O.C.G.A. § 44-14-162.4 requires that a deed under power contain a recital setting forth the giving of 15-day notice. Abdalla v. Reagin Enters., Inc., 256 Ga. 279, 347 S.E.2d 585 (1986).

Cases Citing O.C.G.A. § 44-14-162.4

Total Results: 4  |  Sort by: Relevance  |  Newest First

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You v. JP Morgan Chase Bank, N.A., 293 Ga. 67 (Ga. 2013).

Cited 72 times | Published | Supreme Court of Georgia | May 20, 2013 | 743 S.E.2d 428, 2013 Fulton County D. Rep. 1539

...1973) (statutes governing non-judicial foreclosure set “minimal requirements for the exercise of any contractual power of sale contained in security instruments”).4 These limited statutory protections are codified in OCGA §§ 44-14-160 through 44-14-162.4 and consist primarily of rules governing the manner and content of notice that must be given to a debtor in default prior to the conduct of a foreclosure sale....
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PNC Bank, Nat'l Ass'n v. Smith, 298 Ga. 818 (Ga. 2016).

Cited 14 times | Published | Supreme Court of Georgia | Apr 4, 2016 | 785 S.E.2d 505

...reditor is required to give notice pursuant to Code Section 44-14-162.2. OCGA § 44-14-162.1. Ultimately, the codifiers made Sections 1 and 2 of the 1935 Act into OCGA §§ 44-14-161 and 44-14-162, and Sections 3 to 6 into OCGA §§ 44-14-162.1 to 44-14-162.4 — and in so doing, limited the “notice requirements of this Act” language of Section 5 (b) to say in OCGA § 44-14-162.3 “the notice requirement [singular] of Code Section 44-14-162.2.”
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Abdalla v. Reagin Enter., Inc., 256 Ga. 279 (Ga. 1986).

Cited 1 times | Published | Supreme Court of Georgia | Sep 3, 1986 | 347 S.E.2d 585

...It is this latter deed which Abdalla sought to have the court below set aside. The basis upon which Abdalla claims the deed should be set aside is his failure to receive the 15-day notice required by OCGA § 44-14-162.2. (Fourteen days notice was given.) This contention fails on account of OCGA § 44-14-162.4, which provides that a deed under power shall contain a recital setting forth the giving of the 15-day notice....

Pnc Bank, Nat'l Ass'n v. Smith (Ga. 2016).

Published | Supreme Court of Georgia | Feb 22, 2016 | 347 S.E.2d 585

... nonjudicial foreclosure sale . . . .” (emphasis added)). When the Code was reorganized into the Official Code of Georgia Annotated the next year, however, the sections added in the 1981 amendment were re-codified as separate Code sections 44-14-162.1 to 44-14-162.4, with the no-waiver provision reworded to expressly apply only to the notice requirement in § 44-14-162.2....