O.C.G.A.

O.C.G.A. § 44-14-162.4 (2019)

Recitals in deeds as to meeting of notice requirement

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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Vacation of certain judgments prior to sale; jurisdiction, power, and authority. Vacation of certain judgments prior to sale; cancellation of execution; invalidation of deed made for purpose of levy and sale; notation on record. Vacation of certain judgments prior to sale; effect.

Manner of foreclosing; petition; rule; venue. Proceedings by personal representative when mortgagee deceased. Foreclosure by transferee. Proceedings against personal representative when mortgagor deceased. Defense against foreclosure; verification. Defenses by third persons; right of purchaser not party to foreclosure to go behind judgment. Jury trial. Judgment; sale of mortgaged property. Effect of judgment on one purchasing during pendency of proceedings. Rights of purchaser at void or irregular sale. Disposition of proceeds. Treatment of proceeds of sale when debt due in installments. PART 3

FORECLOSURE OF DEEDS TO SECURE DEBT, PURCHASE CONTRACTS, AND BONDS FOR TITLE

Execution and recordation of quitclaim deed following judgment; levy and sale; disposition of proceeds; notice. Attachment against grantor in deed to realty to secure debt; execution and recordation of quitclaim, levy, and

MORTGAGES, SECURITY, LIENS Sec.

Sec. deed following judgment; sale; disposition of proceeds.

PART 4

FORECLOSURES ON PERSONALTY Subpart 1

In General

Authority to foreclose; execution; sale. Petition for writ of possession; affidavit. Summons; service on defendant; debtor’s duty to notify creditor of address changes; form. Answer; reopening the default; granting writ upon default; trial; order to turn over property to sheriff or other. Payment into court; issuance of writ; possession and disposition of property pending resolution; disposition of payments. Appeals; possession pending appeal. Execution and levy; retention by plaintiff; sale. Transfer, movement, or conveyance of property by defendant after posting of bond. Foreclosure when debts due in installments; treatment of surplus. Foreclosure before debt due; grounds; affidavit. Foreclosure before debt due; levy and sale; disposition of proceeds. Foreclosure before debt due; affidavit of illegality; bond; trial of issue. . Subpart

Definitions. Petition for immediate writ of possession; verification;

Subpart 3

Foreclosures on Bills of Sale or Contracts Retaining Title

Manner of foreclosure. Proceedings after foreclosure; defenses. Levy and sale following execution and recording of bill of sale to defendant; priorities; disposition of proceeds. Subpart 4

Foreclosures in Magistrate Court

Amount of mortgage; filing of affidavit; execution. Notice to mortgagor. Levy and sale of property; advertisement. Defenses by mortgagor; hearing in magistrate’s court. Article 8 Liens PART 1 IN GENERAL

Foreclosures Arising out of Commercial Transactions

exemption of consumer transactions. Grounds for immediate writ of possession. Bond or waiver required. Issuance of writ; procedure when showing insufficient. Service of notice to defendant. Execution and levy. Time for filing defenses. Motion for dissolution of writ; payment of claim or furnishing of bond; procedure upon dissolution of writ. Default judgment.

Certain liens established; removal of nonconforming liens. Lien of judgment on debt given for purchase money; priority.

Sec.

Vendor’s equitable lien abolished. Rank of liens according to date. Assignment of liens; rights of assignee. Transfers and assignments of evidences of indebtedness secured by lien; how made. Transfers and assignments of evidences of indebtedness secured by lien; effect as transfer of lien. PART 2 LANDLORDS

Lien for farming supplies, equipment and other items furnished tenant; operation of law or special contract; enforcement; duty to inform; priorities. Special lien on tenant’s crops; priorities; general lien on tenant’s property. Priority and date of general liens; date of special liens for rent; enforcement of liens. Enforcement of special lien for rent by distress warrant. Special lien for rent in favor of transferee of rent contract; when lien arises. Special lien for rent in favor of transferee of rent contract; foreclosure by transferee. Giving false information as to liens; penalty. Unlawful purchase of corn or cotton from tenant or laborer after notice of disability to sell; penalty. Unlawful sale of farm products on which lien exists; penalty. Priority of liens affecting manufactured and mobile homes. PART 3

Definitions.

Sec.

Creation of liens; property to which lien attaches; items to be included in lien.

Notes of Decisions

Cited in 3 cases, 1986–2012 · leading case: Stubbs v. Bank of Am., 844 F. Supp. 2d 1267 (N.D. Ga. 2012).

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Stubbs v. Bank of Am., 844 F. Supp. 2d 1267 (N.D. Ga. 2012). · cites it 2× “O.C.G.A. § 44-14-162.4. Requiring the recitals of actions taken in compliance with the statute to be incorporated into the foreclosure deed (the “deed under power” of sale) emphasizes the legislative purpose of protecting the integrity of Georgia’s real property title records.”

Abdalla v. Reagin Enter., Inc., 347 S.E.2d 585 (Ga. 1986). · cites it 2× “) 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.”

Arrington v. Reynolds, 564 S.E.2d 870 (Ga. Ct. App. 2002). · cites it 2× “Such recitals in the deed pursuant to OCGA § 44-14-162.4 protect “the validity of the title of any subsequent purchaser in good faith other than the lender.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.