- § 44-14-230 - Authority to Foreclose; Execution; Sale
(a) Any person holding a security interest on personal property under a transaction governed by this part or by Title 11, the "Uniform Commercial...
- § 44-14-231 - Petition for Writ of Possession; Affidavit
Upon a statement of the facts under oath, any person holding a security interest on personal property and wishing to foreclose the security interest...
- § 44-14-232 - Summons; Service on Defendant; Debtor's Duty to Notify Creditor of Address Changes; Form
(a) When the petition provided for in Code Section 44-14-231 is made, the judge, the magistrate, or the clerk shall grant and issue a...
- § 44-14-233 - Answer; Reopening the Default; Granting Writ Upon Default; Trial; Order to Turn Over Property to Sheriff or Other
(a) If the defendant fails to answer on or before the date provided in subsection (b) of Code Section 44-14-232, the defendant may reopen...
- § 44-14-234 - Payment Into Court; Issuance of Writ; Possession and Disposition of Property Pending Resolution; Disposition of Payments
In any foreclosure action, the defendant shall comply with the following provisions: (1) Where the issue of the right of possession cannot be finally...
- § 44-14-235 - Appeals; Possession Pending Appeal
Any judgment by the court shall be appealable pursuant to Chapters 2, 3, 6, and 7 of Title 5 or any other applicable law....
- § 44-14-236 - Execution and Levy; Retention by Plaintiff; Sale
Whenever a writ of possession is granted pursuant to a petition filed in accordance with Code Section 44-14-231, a levy may be made on...
- § 44-14-237 - Transfer, Movement, or Conveyance of Property by Defendant After Posting of Bond
In all cases where the defendant may desire to transfer, remove, or convey any of the secured property after the service of the summons...
- § 44-14-238 - Foreclosure When Debts Due in Installments; Treatment of Surplus
If a mortgage on personalty is given to secure several debts falling due at different times, the mortgagee may foreclose when the first debt...
- § 44-14-239 - Foreclosure Before Debt Due -- Grounds; Affidavit
Whenever a process of attachment may be legally brought against any person upon any debt or demand secured by a mortgage on personal property,...
- § 44-14-240 - Foreclosure Before Debt Due -- Levy and Sale; Disposition of Proceeds
All subsequent proceedings respecting the levy and sale of the mortgaged property shall be conducted in the manner prescribed by law; and the money...
- § 44-14-241 - Foreclosure Before Debt Due -- Affidavit of Illegality; Bond; Trial of Issue
After the levy of the execution on the mortgaged property, the defendant may file his affidavit of illegality, in which affidavit he may avail...
Last modified: October 14, 2016