2020 Georgia Code
Title 44 - Property
Chapter 7 - Landlord and Tenant
Article 3 - Dispossessory Proceedings
§ 44-7-49. Definitions
As used in this article, the term:
- "Application for execution of a writ of possession" means the request or application for a sheriff, constable, or marshal to execute a writ of possession which was issued pursuant to this article.
- "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.
(Code 1981, §44-7-49, enacted by Ga. L. 2007, p. 498, § 1/SB 94; Ga. L. 2019, p. 682, § 1/HB 492.)
The 2019 amendment, effective July 1, 2019, substituted the present provisions of this Code section for the former provisions, which read: "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."
Law reviews.- For article, "2019 Legislative Review," see 24 Ga. St. B.J. 28 (June 2019). For comment, "Providing Fair Relief in Georgia Dispossessory Proceedings," see 32 Georgia St. U. L. Rev. 1003 (2016).
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).
