O.C.G.A. § 44-14-301 — Notice to mortgagor

It shall be the duty of the magistrate with whom the affidavit and the mortgage are filed to give notice to the mortgagor of the proceedings at the time of issuing the execution.

(Ga. L. 1880-81, p. 126, § 2; Code 1882, § 3974d; Civil Code 1895, § 2763; Civil Code 1910, § 3296; Code 1933, § 67-905; Ga. L. 1983, p. 884, § 4-1.)

JUDICIAL DECISIONS

O.C.G.A. § 44-14-301 is not applicable to superior courts. Golden v. J. M. Easterling & Sons, 37 Ga. App. 172, 139 S.E. 102 (1927).

O.C.G.A. § 44-14-301 does not require that the execution shall recite that the notice has been given. Spooner v. Coachman, 18 Ga. App. 705, 90 S.E. 373 (1916).

There was no error in refusing to dismiss a levy on the grounds that no notice was given under O.C.G.A. § 44-14-301 when the lack of notice was not raised until appeal. Spooner v. Coachman, 18 Ga. App. 705, 90 S.E. 373 (1916).

Waiver.

- Where there is no motion to dismiss the levy on the ground that the notice prescribed by O.C.G.A. § 44-14-301 had not been given, and the defendant in fi. fa., although reciting such failure, entered a plea to the merits without actual protestation, the failure to give the notice referred to must be taken as waived. McFarlin v. Reeves, 10 Ga. App. 581, 73 S.E. 862 (1912); Futch v. Taylor, 22 Ga. App. 441, 96 S.E. 183 (1918).

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TITLE 44 PROPERTY

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

ARTICLE 7 FORECLOSURE

44-14-301. Notice to mortgagor.

JUDICIAL DECISIONS

Waiver.

RESEARCH REFERENCES

Am. Jur. 2d.

C.J.S.