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2018 Georgia Code 44-14-42 | Car Wreck Lawyer

TITLE 44 PROPERTY

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

ARTICLE 2 MORTGAGES

44-14-42. Mortgages to sureties and guarantors.

Mortgages may be taken by sureties and guarantors to indemnify them against loss.

(Orig. Code 1863, § 1965; Code 1868, § 1953; Code 1873, § 1963; Code 1882, § 1963; Civil Code 1895, § 2733; Civil Code 1910, § 3266; Code 1933, § 67-114.)

JUDICIAL DECISIONS

O.C.G.A. § 44-14-42 is not a limitation, and it does not prevent a surety or endorser from taking other security. Richey v. First Nat'l Bank, 180 Ga. 751, 180 S.E. 740 (1935).

RESEARCH REFERENCES

ALR.

- Liability of grantee assuming mortgage debt to mortgagee or one in privity with him, 21 A.L.R. 439; 47 A.L.R. 339.

Liability of grantee assuming mortgage debt, to grantor, 21 A.L.R. 504; 76 A.L.R. 1191; 97 A.L.R. 1076.

Liability to mortgagee of insurer which pays loss to mortgagor, in absence of loss-payable clause, 21 A.L.R. 1464.

Valuation of "security" which must be deducted from claim of holder of mortgage, or interest in mortgage, to determine amount allowable on liquidation of mortgage guaranty company, 115 A.L.R. 621.

Mortgages effect upon obligation of guarantor or surety of statute forbidden, or restricting deficiency judgment, 49 A.L.R.3d 554.

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