O.C.G.A. § 44-14-303 (2019)
Defenses by mortgagor; hearing in magistrate’s court
The mortgagor may avail himself of any defense he may have to the foreclosure in the same manner and upon the same conditions as allowed by law in case of foreclosure of chattel mortgages in the superior courts. Whenever any such defense is filed by the mortgagor, the magistrate issuing the execution shall have the power and jurisdiction to hear and determine the issues made thereon as in other cases at law.
History
Ga. L. 1878-79, p. 152, § 3; Code 1882, § 3974c; Civil Code 1895, § 2762; Civil
Code 1910, § 3295; Code 1933, § 67-903; Ga. L. 1983, p. 884, § 3-31.
Annotations
JUDICIAL DECISIONS Failure to raise defense. - Where a proceeding to foreclose a retention of title contract is instituted and the defendant’s answer sets up no defense to the foreclosure proceeding and, in fact, is not responsive to the foreclosure proceeding, but refers to a trover proceeding and nowhere
denies that the amount claimed or any part thereof is due, the answer filed fails to set up any defense and is subject to dismissal. Little v. Yow, 69 Ga. App. 335, 25 S.E.2d 232, 1943 Ga. App. LEXIS 71 (1943).
RESEARCH REFERENCES Am. Jur. 2d. 69 Am. Jur. 2d, Secured Transactions, § 572. C.J.S. 14 C.J.S., Chattel Mortgages, §§ 355, 400, 405, 411.
ALR. Effect of oral agreement to enlarge time for redemption from sale under mortgage or other lien on real property, 54 A.L.R. 1207.
ARTICLE 8 LIENS Cross references. Judgment liens generally, § 9-12-80 et seq. Security interests in and liens on motor vehicles, § 40-3-50 et seq.
Die, molds, forms, and patterns, T. 44, C. 12, Art. 8. Tax executions, T. 48, C. 3.
T.44, C.14, A.8, P.1
PART 1 IN GENERAL JUDICIAL DECISIONS Lien may be waived by express agreement based upon valuable consideration. Ford Motor Credit Co. v. Par-
sons, 155 Ga. App. 46, 270 S.E.2d 230, 1980 Ga. App. LEXIS 2450 (1980).
RESEARCH REFERENCES ALR. Redemption from mortgage or judicial sale as affecting lien intervening that under which property was sold and that under which it was redeemed, 26 A.L.R. 435. Bankruptcy: lessor’s right, upon bankruptcy of lessee, to enforce lien or retain security for future rentals, 45 A.L.R. 717. Oil, gas, or other mineral rights in land, apart from ownership of soil, as subject as real estate to lien of judgment against the owner of the mineral interest, 53 A.L.R. 135. Contract for compensation other than that of attorney on basis of share in or percentage of property or fund as creating an equitable lien, 54 A.L.R. 289. Single mechanic’s lien upon several parcels, as enforceable against less than all of the parcels (including effect of release of some of them from the lien), 130 A.L.R. 423. Acceptance of unsecured note or other personal obligation of vendee as waiver or discharge of vendor’s lien, 132 A.L.R. 440. Priority of lien of sales or consumers’ tax, 136 A.L.R. 1015. Constitutionality of statute giving to lien for alteration of property pursuant to
public requirement, mechanic’s lien, or similar lien, preference over pre-existing mortgage or other lien, 141 A.L.R. 66. Rights and remedies under lien statute of one performing work only part of which is of a lienable character, 149 A.L.R. 682. Mere assertion of unfounded lien as constituting conversion, 169 A.L.R. 100. Right of holder of mortgage or lien to proceeds of property insurance payable to owner not bound to carry insurance for former’s benefit, 9 A.L.R.2d 299. Easement, servitude, or restrictive covenant as affected by enforcement of assessment or improvement liens, 26 A.L.R.2d 873. Right of vendee under executory land contract to lien for amount paid on purchase, 33 A.L.R.2d 1384; 82 A.L.R.3d 1040. Conveyance of real property to mortgagee or lienholder as constituting “sale or exchange” rendering owner liable for commissions to broker having exclusive agency or exclusive right to sell, 46 A.L.R.2d 1116. Abandonment of construction or of contract as affecting time for filing mechanics’ liens or time for giving notice to owner, 52 A.L.R.3d 797.