O.C.G.A. § 44-14-189 (2019)
Rights of purchaser at void or irregular sale
A purchaser at a void or irregular judicial sale under the foreclosure of a mortgage shall succeed to all of the interests of the mortgagee.
History
Civil Code 1895, § 5471; Civil Code 1910, § 6076; Code 1933, § 67-403. History of Section. This Code section is a codification of the
principle enunciated in Dutcher v. Hobby, 86 Ga. 198, 12 S.E. 356, 22 Am. St. R. 444, 10 L.R.A. 472 (1890).
Annotations
JUDICIAL DECISIONS O.C.G.A. § 44-14-189 is based on the doctrine of subrogation. Ashley v. Cook, 109 Ga. 653, 35 S.E. 89, 1900 Ga. LEXIS 279 (1900). For a discussion of the doctrine of subrogation, see Wilkins, Neely & Jones v. Gibson, 113 Ga. 31, 38 S.E. 374, 1901 Ga. LEXIS 150 (1901); Hiers v. Exum, 158 Ga. 19, 122 S.E. 784, 1924 Ga. LEXIS 72 (1924). O.C.G.A. § 44-14-189 included sales under a judgment which set up a special lien granted by a security deed. Ashley v. Cook, 109 Ga. 653, 35 S.E. 89, 1900 Ga. LEXIS 279 (1900). See also Ray v. Pitman, 119 Ga. 678, 46 S.E. 849, 1904 Ga. LEXIS 330 (1904) and Hamilton v. Rogers, 126 Ga. 27, 54 S.E. 926, 1906 Ga. LEXIS 305 (1906).
O.C.G.A. § 44-14-189 does not apply where the purchasers at the void judicial sale were the mortgagees in the mortgage which was foreclosed. Kirland v. Gaskins, Paulk & Co., 20 Ga. App. 235, 92 S.E. 965, 1917 Ga. App. LEXIS 830 (1917). Foreclosure for benefit of purchaser. - The purchaser at a void sale under a power in a mortgage may have the mortgage foreclosed for the purchaser’s benefit. Wilkins v. McGehee, 86 Ga. 764, 13 S.E. 84, 1891 Ga. LEXIS 60 (1891). 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 con-
tract, 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 through 44-14-189 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 Ga. App. LEXIS 90 (1932).
RESEARCH REFERENCES Am. Jur. Pleading and Practice Forms. 23 Am. Jur. Pleading and Practice Forms, Subrogation, § 2.
ALR. Rights in mortgage security, of mortgagor or intermediate grantee who pays the mortgage debt after conveying the property, 2 A.L.R. 242.