Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 44-14-268 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-14-268 Case Law from Google Scholar Amendments to OCGA 44-14-268

TITLE 44 PROPERTY

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

ARTICLE 7 FORECLOSURE

44-14-268. Motion for dissolution of writ; payment of claim or furnishing of bond; procedure upon dissolution of writ.

  1. At any time within which the defendant may file defenses as provided for under Code Section 44-14-267, the defendant may:
    1. Move for a dissolution of the writ, which motion shall be granted unless the petitioner proves the grounds upon which the writ was issued; or
    2. Pay to the court the full amount of the petitioner's claim, including costs, or furnish a bond with good and sufficient security for the value of the property as determined after hearing by the court before which the matter is pending or a bond for the amount of petitioner's claim, including costs, whichever is less.
  2. If the writ is dissolved under paragraph (1) or (2) of subsection (a) of this Code section, the action shall proceed on the petitioner's claim as if no writ had issued; and any issue requiring trial shall be had in accordance with the procedure prescribed for civil actions in courts of record.

(Code 1933, § 67-716, enacted by Ga. L. 1975, p. 1213, § 3.)

JUDICIAL DECISIONS

A defendant may regain possession of repossessed property at that time which defendant pays into court the full amount of petitioner's claim including costs or furnishes a proper bond. Sumner v. Adel Banking Co., 244 Ga. 73, 259 S.E.2d 32 (1979).

Defendant is entitled to trial on defenses to foreclosure and counterclaims whether defendant retains possession under O.C.G.A. § 44-14-268(a) or whether defendant gives it up. Ward v. Charles D. Hardwick Co., 156 Ga. App. 96, 274 S.E.2d 20 (1980).

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., 241 Ga. 563, 246 S.E.2d 680 (1978); Golden v. Gray, 156 Ga. App. 596, 275 S.E.2d 162 (1980); Deutz-Allis Credit Corp. v. Phillips, 183 Ga. App. 760, 360 S.E.2d 29 (1987).

RESEARCH REFERENCES

C.J.S.

- 14 C.J.S., Chattel Mortgages, §§ 236-238.

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.

No results found for Georgia Code 44-14-268.