O.C.G.A. § 44-14-181 (2019)
Proceedings by personal representative when mortgagee deceased
If the person entitled to foreclose a mortgage on real estate is dead, the application and proceeding to foreclose may be made and prosecuted by his executor or administrator.
History
Orig. Code 1863, § 3867; Code 1868, § 3887; Code 1873, § 3963; Code 1882,
§ 3963; Civil Code 1895, § 2744; Civil Code 1910, § 3277; Code 1933, § 67-202.
Annotations
JUDICIAL DECISIONS The administrator of the mortgagee is entitled to foreclose at law against the administrator of the mortgagor, and the heirs of the mortgagor are not necessary parties. Dixon v. Cuyler, 27 Ga. 248, 1859 Ga. LEXIS 47 (1859). Foreclosure in administrative capacity. - When a mortgage, made to W, his heirs and assigns, was transferred by W, by written assignment to J as admin-
istrator of S, deceased, such assignment, if properly stamped, conveyed the mortgage to the estate, and it became assets in the hands of the administrator, and the proceedings to foreclose it, must be in the name of said J, as administrator and not in an individual character. Flagg & Fish v. Johnston, 39 Ga. 27, 1869 Ga. LEXIS 165 (1869).
RESEARCH REFERENCES Am. Jur. 2d. 55 Am. Jur. 2d, Mortgages, § 1110. C.J.S. 59A C.J.S., Mortgages, § 708 et seq. ALR. Revivor or other steps necessary in
event of mortgagee’s death after sale of property but before confirmation of sale, 150 A.L.R. 502.