44-14-185
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44-14-185.
If
the mortgagor or his special agent or attorney fails to set up a defense as
provided in Code Section 44-14-184, it shall not be competent for any third
person to interpose a defense and neither will the court itself, of its own
motion, do so. However, one who purchases mortgaged property prior to the
commencement of statutory proceedings to foreclose and who is not a party to the
proceedings is not bound by the judgment of foreclosure and may, when the
mortgage fi. fa. is levied, go behind the judgment and set up the defense that
the mortgage could not be legally enforced against him whenever this is
necessary and proper to establish the claim of title upon which he relies.