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Call Now: 904-383-7448The petitioner seeking an immediate writ of possession shall allege under oath specific facts sufficient to show that it is within the power of the defendant to conceal, waste, encumber, convert, convey, or remove from the jurisdiction of the court the property which is the subject matter of the petition or that the petitioner's postjudgment remedy would otherwise be inadequate.
(Code 1933, § 67-710, enacted by Ga. L. 1975, p. 1213, § 3.)
As to who shall have possession pending trial of merits of foreclosure, the merits of foreclosure itself and particularly defenses and counterclaims thereto have no actual relevancy to this question. Ward v. Charles D. Hardwick Co., 156 Ga. App. 96, 274 S.E.2d 20 (1980).
It is error to rule on merits of foreclosure while ostensibly determining merits of writ of immediate possession. Ward v. Charles D. Hardwick Co., 156 Ga. App. 96, 274 S.E.2d 20 (1980).
Cited in Sumner v. Adel Banking Co., 244 Ga. 73, 259 S.E.2d 32 (1979).
- 69 Am. Jur. 2d, Secured Transactions, § 121.
- 14 C.J.S., Chattel Mortgages, § 241.
- Chattel mortgagee's failure to pursue proper course after taking possession as affecting personal liability of mortgagor, 47 A.L.R. 582.
Right of mortgagee lawfully in possession, or one entitled to his rights, to retain possession until debt is paid, although debt or right to foreclose is barred by limitation, 115 A.L.R. 339.
No results found for Georgia Code 44-14-262.