O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
As used in this article, the term ‘‘writ of possession’’ means a writ issued to recover the possession of land or other property and such writ shall not contain restrictions, responsibilities, or conditions upon the landlord in order to be placed in full possession of the land or other property.
History
(Code 1981, § 44-7-49, enacted by Ga. L. 2007, p. 498, § 1/SB 94.)
Annotations
JUDICIAL DECISIONS Challenge to dispossession following foreclosure sale. - In a dispossessory action by the buyer at a foreclosure sale against the occupant of the foreclosed-upon property, a challenge to the validity of the foreclosure failed because the occupant could not attack dispossession without first setting aside the foreclosure and deed. Even if the occupant’s defenses were available in a dispossessory proceeding, the court could not review those defenses because the occupant failed to include a trial transcript in the record. Owens
v. Green Tree Servicing LLC, 300 Ga. App. 22, 684 S.E.2d 99 (2009). Invalidity of foreclosure not defense. - In a dispossessory action brought by the buyer at a foreclosure sale against the occupant of the property that had been foreclosed upon, the occupant could not assert the alleged invalidity of the foreclosure sale as a defense. Moreover, the occupant failed to include a trial transcript in the record on appeal. Jackman v. Lasalle Bank, N.A., 299 Ga. App. 894, 683 S.E.2d 925 (2009).
Notes of Decisions
Efficiency Lodge, Inc. v. Neason, 889 S.E.2d 789 (Ga. 2023).
· cites it 11× “19, 23 (1) (a) (870 SE2d 549) (2022); OCGA § 44-7-49, et seq. To resolve this per- ceived ambiguity, the court focused on Georgia’s innkeeper statutes rooms, lodgings, or accommodations in a county or municipality and that is licensed by, or required to pay business or…”
Simmons v. Isanthe LLC (M.D. Ga. 2023).
· cites it 2× “See O.C.G.A. § 44-7-49. In the dispossessory proceeding, it’s clear that no federal law or authority was invoked by Isanthes LLC, nor did Isanthes request any relief other than possession of the premises.”
Efficiency Lodge, Inc. v. Amertrius Neason (Ga. Ct. App. 2022).
· cites it 2× “The Plaintiffs primarily alleged that Efficiency Lodge could not evict them summarily but was instead required to initiate dispossessory proceedings as provided for in OCGA § 44-7-49, et seq. The Plaintiffs filed a motion for a temporary restraining order or an interlocutory…”
Betty Denson v. Donald Gerteisen (11th Cir. 2023).
“at 793–95 (citing O.C.G.A. §§ 44-7-49, USCA11 Case: 22-13397 Document: 30-1 Date Filed: 09/08/2023 Page: 9 of 14 22-13397 Opinion of the Court 9 50, 55).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.