2021 Georgia Code
Title 44 - Property
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens
Article 7 - Foreclosure
Part 2 - Foreclosure on Mortgages
§ 44-14-186. Jury Trial
When proceedings to foreclose a mortgage shall be instituted and a defense shall be set up thereto, the issue shall be submitted to and tried by a jury.
(Orig. Code 1863, § 3871; Code 1868, § 3891; Code 1873, § 3967; Code 1882, § 3967; Civil Code 1895, § 2749; Civil Code 1910, § 3282; Code 1933, § 67-303.)
Cross references.- Juries, Ch. 12, T. 15.
JUDICIAL DECISIONS
At what term issue tried.
- Where a rule nisi on a petition to foreclose in the superior court directed that the money due on the mortgage be paid into court on or before the first day of the term next immediately succeeding the term at which it was granted, and the rule was served on the defendant at least three months (now 30 days) before the term designated for the payment, the issue made by a defense filed at that term was triable at that term. Lankford v. Peterson, 20 Ga. App. 147, 92 S.E. 764 (1917).
RESEARCH REFERENCES
ALR.
- Tender after acceleration clause has become operative as preventing foreclosure of mortgage, 41 A.L.R. 732.
Right to jury trial of issues as to personal judgment for deficiency in suit to foreclose mortgage, 112 A.L.R. 1492.
