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Call Now: 904-383-7448The 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.
(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.)
- 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).
Cited in Berry v. Robinson & Overton, 122 Ga. 575, 50 S.E. 378 (1905).
- 69 Am. Jur. 2d, Secured Transactions, § 572.
- 14 C.J.S., Chattel Mortgages, §§ 355, 400, 405, 411.
- Effect of oral agreement to enlarge time for redemption from sale under mortgage or other lien on real property, 54 A.L.R. 1207.
No results found for Georgia Code 44-14-303.