Syfert Injury Law Firm
Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448When the mortgagor is dead, the proceedings to foreclose the mortgage on real estate may be instituted against his executor or administrator.
(Orig. Code 1863, § 3870; Code 1868, § 3890; Code 1873, § 3966; Code 1882, § 3966; Civil Code 1895, § 2748; Civil Code 1910, § 3281; Code 1933, § 67-204.)
If a mortgagor dies insolvent, and there is no administration on mortgagor's estate, and the equity of redemption has been sold, the mortgagee may proceed to foreclose, in equity, against such purchaser and the purchaser's vendees. May & Stokes v. Rawson, 21 Ga. 461 (1857).
- If, pending a regular proceeding to foreclose a mortgage upon realty given by a testator, the executor validly sells the mortgaged property, this will bar the rendition of a judgment of foreclosure. Reed v. Aubrey, 91 Ga. 435, 17 S.E. 1022, 44 Am. St. R. (1893). See also Newsom v. Carlton, 59 Ga. 516 (1877).
Cited in Harvey v. Beasley, 144 Ga. 517, 87 S.E. 655 (1916).
- 55 Am. Jur. 2d, Mortgages, § 1295.
- 59 C.J.S., Mortgages, § 550.
- Necessity in suit to foreclose mortgage on property of decedent of joining as parties devisees or heirs of decedent, and effect of failure to do so, 119 A.L.R. 807.
Personal representatives, or nonlien creditors, of deceased mortgagor or of deceased grantee of premises subject to mortgage (with or without assumption of mortgage debt), as necessary or proper parties to foreclosure suit, 124 A.L.R. 784.
No results found for Georgia Code 44-14-183.