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2018 Georgia Code 44-14-181 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 44-14-181 Case Law from Google Scholar Amendments to OCGA 44-14-181

TITLE 44 PROPERTY

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

ARTICLE 7 FORECLOSURE

44-14-181. 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.

(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.)

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).

Foreclosure in administrative capacity.

- When a mortgage, made to W, his heirs and assigns, was transferred by W, by written assignment to J as administrator 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).

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.

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