O.C.G.A. § 44-14-411.1 (2019)
Repossessor of motor vehicle as involuntary, gratuitous, or naked depository of
Lien for repairs; sale after one year. Publication and mailing of notice. Sale at public auction before courthouse. Disposition of proceeds of sale; one-year limitation for claims of owner; disposition of residue. Display of sign as to intention to sell. PART 7
Creation of lien. Enforcement of lien; retention of possession; attachment to articles acquired after delivery made. Priority; method of foreclosure. Sale of goods after 90 days; sale of goods within 120 days where notice provided. Notice of sale. Disposition of proceeds of sale. Cumulative remedies for satisfaction. PART 7A REPAIR OF EQUIPMENT
Creation of lien. Right to retain possession; forfeiture of lien. Priority; foreclosure. Sale of goods after 60 days. Notice of sale. Disposition of proceeds of sale. Cumulative remedies for satisfaction.
PROPERTY PART 8
Sec.
HOSPITALS AND NURSING HOMES Sec.
Lien on causes of action accruing to injured person for costs of care and treatment of injuries arising out of such causes of action. Filing of verified statement; contents; notice. Duties of clerk; lien book; fee. Effect of covenant not to bring an action; action to enforce lien; limitation; affidavit of payment. Exemptions from part. Effect of part on settlement before entry into hospital, nursing home, or traumatic burn care medical facility. No independent right of action. False swearing in affidavits under Code Section 44-14473.
PART 11 FORECLOSURE OF LIENS ON REALTY
PART 9
Lien for treatment, board, or care of animal; right to retain possession. Notice to owner; sale or disposal of animal; liability. Disposition of sale proceeds. Necessity of other legal proceedings. Criminal liability under Code Section 44-14-491.
Manner of foreclosure; demand; forfeiture of lien; affidavit; notice; petition for and conduct of probable cause hearing; possession; bond; petition for full hearing; authorization of foreclosure; damages; limitation. Judgment on replevy bonds. PART 13
PART 10
Manner of foreclosure; attachment of lien; proceeds of judicial sale; trial of claim; damages; effect of delivery of possessions. Right of transferee to foreclose. PART 12
mills and similiar establishments. Liens of laborers at mills and similar establishments. Liens for articles furnished to sawmills; priorities. Liens on merchandise because of bad checks or stop payment orders. Filing liens imposed under federal Superfund Amendments and Reauthorization Act of 1986. Liens on aircraft or aircraft engines for labor and materials and for contracts of indemnity.
Lien of officers and employees on watercraft; priorities. Liens on offspring of stallions, jacks, bulls or boars; necessity of recordation; recording fee; priorities. Lien for hauling lumber, stocks, or logs. Liens in favor of planing
Purpose. Filing of federal tax liens on realty and personalty. When notices and certificates affecting tax liens entitled to be filed; certification by secretary of treasury. Filing of federal tax lien, notice or revocation of certifi-
Sec.
Sec.
cate, or certificate of discharge. Fees; billing procedure.
PART 14 BANKRUPTCY PROCEEDINGS
Recording of bankruptcy petition, decree, or order; fees. Effect of failure to record petition, decree, or order as to bona fide purchaser or lienor of real property.
Article 9 Lis Pendens
PART 15
lien that would prevent closing of transaction or conveyance. Release or satisfaction of lien on occurrence of condition precluding broker from receiving compensation; suit to enforce lien; when lien invalid; when right to file and record lien dissolved.
Short title. Definitions. Lien on commercial real estate for broker’s compensation. Priority of liens. Escrow to release claim for
Annotations
Cross references. Secured transactions generally, Art. 9, T. 11. Priority of tax liens, § 48-2-56. Editor’s notes. Ga. L. 1963, p. 188, § 39 provides that Chs. 1, 11, 13, and 14 of Code 1933, T. 67 (now codified primarily at this chapter)
Necessity of recordation for operation of lis pendens as to real property. Lis pendens docket; indexing; recording fees. Entry of dismissal, settlement, or final judgment. Effect of article on other laws.
shall yield to and be superseded by any conflicting provisions of Code 1933, T. 109A (codified at Code 1981, T. 11). Law reviews. For article discussing 1976 to 1977 developments in mortgage law, see 29 Mercer L. Rev. 219 (1977).
JUDICIAL DECISIONS Foreclosure by bondholder notwithstanding contrary trust indenture provisions. - Where, under a trust indenture to secure certain bonds, the exclusive right to accelerate and declare the bond issue due on account of defaults is vested in the trustee, and where it is further provided in the trust indentures that the bonds cannot be declared due by the bondholders thereof except upon a written request by the holders of an interest of at least 25 percent of the bonds outstanding, the holder of bonds of less than this amount cannot proceed in the bondholder’s own name to foreclose the bonds personally held. Varner v. Atlanta
Laundries, Inc., 182 Ga. 148, 184 S.E. 877, 1936 Ga. LEXIS 302 (1936). Foreclosure of lien on mare. - Trial court properly granted summary judgment pursuant to O.C.G.A. § 9-11-56 to colt possessors in a tortious interference with a contract claim by a horse trainer, wherein the trainer alleged that the trainer had a contract to keep the recently born colt in exchange for continued services to the mare’s owner; the court found that there was no showing that the possessors were aware of a contract regarding the ownership of the colt, the possessors had followed the necessary procedures for filing a financing statement under
O.C.G.A. § 11-9-501 et seq., they had allegedly foreclosed on their lien on the mare by the time that they became aware of the trainer’s claim, pursuant to O.C.G.A. § 44-14-490, and the trainer did
not record a lien against the colt pursuant to O.C.G.A. § 44-14-511. Medlin v. Morganstern, 268 Ga. App. 116, 601 S.E.2d 359, 2004 Ga. App. LEXIS 737 (2004).
RESEARCH REFERENCES Am. Jur. Proof of Facts. Warranty Deed Intended as Mortgage, 4 POF2d 567. Proof That Grantor Intended Deed as Mortgage, 79 POF3d 109. Am. Jur. Trials. - Prospective Purchaser’s Recovery of Damages for Tortuous Interference with Real Estate Contract, 97 Am. Jur. Trials 107. Real Estate Broker’s Breach of Fiduciary Duty to Disclose Material Facts to Seller-Principal, 101 Am. Jur. Trials 1. ALR. Duty to notify mortgagor who has parted with title to mortgaged real property of proceedings to enforce prior lien, 6 A.L.R. 499. Rights and duties as between owner of land and owner of timber or of minerals in place as regards liens covering both interests, 26 A.L.R. 1031.
Protection of mortgagor or owner of mortgaged property, on foreclosure sale, by fixing upset or minimum price, requiring credit of specified amount on mortgage debt, or denying or limiting amount of deficiency judgment, 85 A.L.R. 1480. Admissibility of admissions against title to tangible personal property made by one subsequent to executing chattel mortgage thereon, 106 A.L.R. 1296. Attachment, garnishment, execution, or similar process in action on note or bond, not resulting in sale of mortgaged property, as precluding foreclosure of realestate mortgage, 37 A.L.R.2d 959. Necessity and sufficiency of tender of payment by one seeking to redeem property from mortgage foreclosure, 80 A.L.R.2d 1317.
ARTICLE 1 IN GENERAL