2021 Georgia Code
Title 44 - Property
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens
Article 7 - Foreclosure
Part 2 - Foreclosure on Mortgages
§ 44-14-180. Manner of Foreclosing; Petition; Rule; Venue

Mortgages on real estate may be foreclosed in the following manner:

1. Any person who applies and who is entitled to foreclose the mortgage shall, by himself or his attorney, petition the superior court of the county wherein the mortgaged property is located, which petition shall contain a statement of the case, the amount of the petitioner's demand, and a description of the property mortgaged;
2. Upon the filing of the petition, the court shall grant a rule directing that the principal, the interest, and the costs be paid into court. The rule shall be published twice a month for two months or served on the mortgagor or his special agent or attorney at least 30 days prior to the time at which the money is directed to be paid into the court; and
3. Notwithstanding paragraphs (1) and (2) of this Code section, where the land covered by the mortgage shall consist of a single tract of land divided by a county line or county lines, the mortgage may be foreclosed on the entire tract in either of the counties in which part of it is located; but, if the mortgagor shall reside upon the land, the mortgage shall be foreclosed in the county of his residence.

(Laws 1829, Cobb's 1851 Digest, pp. 570, 572; Laws 1836, Cobb's 1851 Digest, p. 572; Code 1863, § 3866; Code 1868, § 3886; Code 1873, § 3962; Ga. L. 1878-79, p. 50, § 1; Code 1882, § 3962; Civil Code 1895, § 2743; Civil Code 1910, § 3276; Ga. L. 1920, p. 78, § 1; Code 1933, § 67-201.)

- For note discussing problems with venue in Georgia, and proposing statutory revisions to improve the resolution of venue questions, see 9 Ga. St. B.J. 254 (1972).

ANALYSIS

• General Consideration
• Service

RESEARCH REFERENCES

Am. Jur. 2d.

- 55 Am. Jur. 2d, Mortgages, §§ 629, 630, 658, 660.

- 59A C.J.S., Mortgages, § 739 et seq.

- Provision in land contract against removal of buildings as affecting rights of third person under chattel mortgage or conditional sale, 30 A.L.R. 542.

Foreclosure of one mortgage as affecting another mortgage on the property held by the same party, 39 A.L.R. 1485.

Tender after acceleration clause has become operative as preventing foreclosure of mortgage, 41 A.L.R. 732.

Mortgagor's statutory right to redeem or his right to possession after foreclosure as subject to levy and seizure by creditors, 42 A.L.R. 884; 57 A.L.R. 1128.

Relief to person who by mistake has foreclosed real estate mortgage in manner inimical to his own interests, 42 A.L.R. 1192.

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

Right to litigate validity of tax title in suit to foreclose mortgage, 85 A.L.R. 1073.

Application of rents and profits in hands of receiver appointed in mortgage foreclosure proceedings, to the payment of taxes, 88 A.L.R. 1352.

Financial depression as justification of moratorium or other relief to mortgagor, 97 A.L.R. 1123; 104 A.L.R. 375.

Judicial foreclosure of mortgage as affecting one who was not personally served within jurisdiction and did not appear, as regards the value of the property or the adequacy of the bid in foreclosure, in a subsequent action to enforce his personal liability on the obligation secured by the mortgage, 120 A.L.R. 1366.

Personal representatives, or nonlien creditors, of deceased mortgagor or of deceased grantee of premises subject to mortgage (with or without assumption of mortgage debt), as necessary or proper parties to foreclosure suit, 124 A.L.R. 784.

Waiver by mortgagor, his grantee, etc., of statutory provision for exclusive remedy in respect of mortgage or debt secured, 146 A.L.R. 1348.

Bar of limitation against action on debt secured by mortgage as affecting suit to foreclose mortgage, 161 A.L.R. 886.

Misstatement in trustee's or mortgagee's report as to amount for which property has been sold under power of sale as ground for avoiding sale, 22 A.L.R.2d 979.

Bankruptcy court's injunction against mortgage or lien enforcement proceedings commenced, before bankruptcy, in another court, 40 A.L.R.2d 663.

Redemption rights of vendee defaulting under executory land sale contract after foreclosure sale or foreclosure decree enforcing vendor's lien or rights, 51 A.L.R.2d 672.

Construction of provision in real estate mortgage, land contract, or other security instrument for release of separate parcels of land as payments are made, 41 A.L.R.3d 7.