All deeds under power shall contain recitals setting forth the giving of notice in compliance with Code Section 44-14-162.2. The effect of such recitals shall be to protect the validity of the title of any subsequent purchaser in good faith other than the lender.
(Ga. L. 1981, p. 834, § 2; Ga. L. 2012, p. 1079, § 2/SB 333.)
The 2012 amendment, effective July 1, 2012, deleted "or a statement of the facts which render the same inapplicable thereto, which facts may include, without limitation, the nonresidential character of the property" at the end of the first sentence. See Editor's notes for applicability.
Editor's notes.- Ga. L. 2012, p. 1079, § 3/SB 333, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2012, and shall apply to sales made on foreclosure under power of sale executed on or after July 1, 2012."
JUDICIAL DECISIONS
Deed of sale need not be set aside where only 14 days' notice was received by property owner who had defaulted on installment payments, even though O.C.G.A. § 44-14-162.4 requires that a deed under power contain a recital setting forth the giving of 15-day notice. Abdalla v. Reagin Enters., Inc., 256 Ga. 279, 347 S.E.2d 585 (1986).