O.C.G.A.
O.C.G.A. § 44-14-264 (2019)
Issuance of writ; procedure when showing insufficient
✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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The court before which the petition is pending shall issue a writ for immediate possession upon finding that the petitioner has complied with Code Sections 44-14-261 through 44-14-263. If the petitioner is found not to have made sufficient showing to obtain an immediate writ of possession, the court may nevertheless treat the petition as one being filed under Code Section 44-14-231 and may proceed accordingly.
History
Code 1933, § 67-712, enacted by Ga. L. 1975, p. 1213, § 3.
Annotations
RESEARCH REFERENCES ALR. 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.
Notes of Decisions
Cited in 1
case, 1987–1987 · leading case: Deutz-Allis Credit Corp. v. Phillips, 360 S.E.2d 29 (Ga. Ct. App. 1987).
Deutz-Allis Credit Corp. v. Phillips, 360 S.E.2d 29 (Ga. Ct. App. 1987). “Although no foreclosure petition under OCGA §§ 44-14-230 and 44-14-231 was pending and plaintiff did not pray for foreclosure, the court issued the writ pursuant to OCGA § 44-14-264 on January 20. The same day, counsel for plaintiff, accompanied by a deputy sheriff, went to the…”
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