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2018 Georgia Code 44-14-188 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-14-188 Case Law from Google Scholar Amendments to OCGA 44-14-188

TITLE 44 PROPERTY

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

ARTICLE 7 FORECLOSURE

44-14-188. Effect of judgment on one purchasing during pendency of proceedings.

After proceedings to foreclose the mortgage have been begun, a purchaser from the mortgagor shall be bound by the judgment of foreclosure.

(Civil Code 1895, § 2376; Civil Code 1910, § 3269; Code 1933, § 67-402.)

History of section.

- This section was codified from the decision of Stokes v. Maxwell, 59 Ga. 78 (1877), which held that the purchaser of land subject to the lien of the mortgage, who buys after the mortgagor has been sued and served with the rule nisi to foreclose the mortgage, will be concluded by the judgment of foreclosure, although the mortgagor was not served until after the term to which the rule was returnable.

JUDICIAL DECISIONS

Rights of one who purchases prior to commencement of proceedings.

- One who purchases mortgaged property, prior to the commencement of statutory proceedings to foreclose, and who is not a party to such proceedings, is not bound by the judgment of foreclosure, and may, when the mortgage fi. fa. is levied, go behind the judgment and set up that the mortgage was barred by the statute of limitations at the date of the filing of the petition to foreclose. Washington Exch. Bank v. Holland & Co., 121 Ga. 305, 48 S.E. 912 (1904).

Resale.

- Where, under the express or implied terms of a sale, the purchase price was to be paid upon delivery of the goods, and the vendor, without collecting the purchase price, nevertheless proceeded to make delivery in pursuance of the contract, and the vendee, after such delivery, proceeded to resell the goods to a bona fide purchaser for value, the rights of such innocent third person were governed by the provisions of O.C.G.A. §§ 44-14-187 through44-14-189 relative to conditional sales, and the vendor could recover the goods from such innocent purchaser, where the terms of sale had not been reduced to writing and recorded as required by these sections. Brumby Chair Co. v. City of Columbus, 46 Ga. App. 163, 167 S.E. 221 (1932).

RESEARCH REFERENCES

Am. Jur. 2d.

- 55 Am. Jur. 2d, Mortgages, § 1240.

ALR.

- Reacquisition by mortgagor, or his grantee, of the title through foreclosure of first mortgage as affecting rights under a second mortgage to which the property was subject before the foreclosure, 111 A.L.R. 1285.

No results found for Georgia Code 44-14-188.