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Call Now: 904-383-7448A purchaser at a void or irregular judicial sale under the foreclosure of a mortgage shall succeed to all of the interests of the mortgagee.
(Civil Code 1895, § 5471; Civil Code 1910, § 6076; Code 1933, § 67-403.)
- This 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).
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).
For a discussion of the doctrine of subrogation, see Wilkins, Neely & Jones v. Gibson, 113 Ga. 31, 38 S.E. 374, 84 Am. St. R. 204 (1901); Hiers v. Exum, 158 Ga. 19, 122 S.E. 784 (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). See also Ray v. Pitman, 119 Ga. 678, 46 S.E. 849 (1904) and Hamilton v. Rogers, 126 Ga. 27, 54 S.E. 926 (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).
- 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).
- 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).
23 Am. Jur. Pleading and Practice Forms, Subrogation, § 2.
- Rights in mortgage security, of mortgagor or intermediate grantee who pays the mortgage debt after conveying the property, 2 A.L.R. 242.
No results found for Georgia Code 44-14-189.