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2018 Georgia Code 9-13-172.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-13-172.1 Case Law from Google Scholar Amendments to OCGA 9-13-172.1

TITLE 9 CIVIL PRACTICE

Section 13. Executions and Judicial Sales, 9-13-1 through 9-13-178.

ARTICLE 7 JUDICIAL SALES

9-13-172.1. "Eligible sale" defined; recision of sale; damages.

  1. As used in this Code section, "eligible sale" means a judicial or nonjudicial sale that was conducted in the usual manner of a sheriff's sale and that was rescinded by the seller within 30 days after the sale but before the deed or deed under power has been delivered to the purchaser.
  2. Upon recision of an eligible sale, the seller shall return to the purchaser, within five days of the recision, all bid funds paid by the purchaser.
  3. Where the eligible sale was rescinded due to an automatic stay pursuant to the filing of bankruptcy by a person with an interest in the property, the damages that may be awarded to the purchaser in any civil action shall be limited to the amount of the bid funds tendered at the sale.
  4. Where the eligible sale was rescinded due to:
    1. The statutory requirements for the sale not being fulfilled;
    2. The default leading to the sale being cured prior to the sale; or
    3. The plaintiff in execution and the defendant in execution having agreed prior to the sale to cancel the sale based upon an enforceable promise by the defendant to cure the default,

      the damages that may be awarded to the purchaser in any civil action shall be limited solely to the amount of the bid funds tendered at the sale plus interest on the funds at the rate of 18 percent annually, calculated daily. Notwithstanding any other provision of law, specific performance shall not be a remedy available under this Code section.

(Code 1981, §9-13-172.1, enacted by Ga. L. 2003, p. 413, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2003, "usual" was substituted for "ususal" in subsection (a).

Law reviews.

- For survey article on real property law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 397 (2003). For annual survey on real property, see 64 Mercer L. Rev. 255 (2012).

JUDICIAL DECISIONS

Legislative intent.

- Legislature intended with O.C.G.A. § 9-13-172.1 to create a mechanism to give homeowners every opportunity to cure a default and avoid the harmful and disturbing effects of foreclosure because there is an unquestionable impact by the statute on homeowners of property in foreclosure who, prior to sale, cure the default or enter into agreements to cure the default. JIG Real Estate, LLC v. Countrywide Home Loans, Inc., 289 Ga. 488, 712 S.E.2d 820 (2011).

Statute not unconstitutionally vague.

- Trial court did not err by upholding the constitutionality of O.C.G.A. § 9-13-172.1 because the purchaser completely failed to carry the purchaser's burden of showing that § 9-13-172.1 was unconstitutionally vague in any of the statute's applications; persons of common intelligence would have no difficulty understanding that § 9-13-172.1 in and of itself authorizes rescission of an eligible sale due to the occurrence of the bankruptcy stay in § 9-13-172.1(c) or one of the three situations set forth in § 9-13-172.1(d). JIG Real Estate, LLC v. Countrywide Home Loans, Inc., 289 Ga. 488, 712 S.E.2d 820 (2011).

Statute authorized rescission of eligible sale.

- Trial court did not err by finding that the holder of the deed to secure debt on mortgagors' property was authorized to and properly did rescind a foreclosure sale to a purchaser because O.C.G.A. § 9-13-172.1 authorized under clearly defined circumstances the rescission of an eligible sale. JIG Real Estate, LLC v. Countrywide Home Loans, Inc., 289 Ga. 488, 712 S.E.2d 820 (2011).

Application.

- Rescission provisions of O.C.G.A. § 9-13-172.1, by their terms, allow a foreclosing lender to rescind a foreclosure sale and the memorandum of sale simply memorializes certain aspects of the foreclosure sale, thus, rescinding the foreclosure sale also rescinds the memorandum of sale. Stowers v. Branch Banking & Trust Co., 317 Ga. App. 893, 731 S.E.2d 367 (2012).

Cases Citing Georgia Code 9-13-172.1 From Courtlistener.com

Total Results: 2

JIG Real Estate, LLC v. Countrywide Home Loans, Inc.

Court: Supreme Court of Georgia | Date Filed: 2011-07-05

Citation: 712 S.E.2d 820, 289 Ga. 488, 2011 Fulton County D. Rep. 2062, 2011 Ga. LEXIS 546

Snippet: court upholding the constitutionality of OCGA § 9-13-172.1 (authorizing the rescission of foreclosure sales

Harpagon Co. v. Gelfond

Court: Supreme Court of Georgia | Date Filed: 2005-02-07

Citation: 279 Ga. 59, 608 S.E.2d 597, 2005 Fulton County D. Rep. 351, 2005 Ga. LEXIS 113

Snippet: of non-judicial tax sales; and, whether OCGA § 9-13-172.1 or any other statutory provision grants to the