When the mortgagor, after being directed so to do, fails to pay the principal, interest, and costs as required by Code Section 44-14-230 and fails to set up and sustain his defense against the foreclosure of the mortgage, the court shall give judgment for the amount which may be due on the mortgage and shall order the mortgaged property to be sold in the manner and under the same regulations which govern sheriffs' sales under execution.
(Laws 1790, Cobb's 1851 Digest, p. 571; Code 1863, § 3872; Ga. L. 1866, p. 25, § 1; Code 1868, § 3892; Code 1873, § 3968; Code 1882, § 3968; Civil Code 1895, § 2750; Civil Code 1910, § 3283; Code 1933, § 67-401.)
RESEARCH REFERENCES18 Am. Jur. Pleading and Practice Forms, Mortgages, § 41.
ALR.
- Priority as between judgment entered and deed or mortgage filed on same day, 37 A.L.R. 268.
Financial depression or lack of market as ground for enjoining sale under a mortgage or deed of trust to secure debts, 82 A.L.R. 976; 90 A.L.R. 1330; 94 A.L.R. 1352; 96 A.L.R. 853; 97 A.L.R. 1123; 104 A.L.R. 375.
Protection of mortgagor or owner of mortgaged property, on foreclosure sale, by fixing upset or minimum price, requiring credit of specified amount on mortgage debt, or denying or limiting amount of deficiency judgment, 85 A.L.R. 1480; 89 A.L.R. 1087; 90 A.L.R. 1330; 94 A.L.R. 1352; 96 A.L.R. 853; 97 A.L.R. 1123; 104 A.L.R. 375.
Mortgagor in possession as liable to receiver for occupational rent; right to receiver as affected by mortgagor being in possession, 91 A.L.R. 1236.
Remedy of, and damages recoverable by, mortgagor in case of a premature sale under mortgage, 97 A.L.R. 1059.
Insurance: mortgagor or privy as sole and unconditional owner after judgment of foreclosure and during redemption period, 107 A.L.R. 1201.
Right of creditor or mortgagee to redeem from his own sale, 108 A.L.R. 993.
Personal liability to mortgagor, as distinguished from mortgagee, of vendee of mortgaged premises who does not in terms assume or agree to pay mortgage, 111 A.L.R. 1114.
Reacquisition by mortgagor, or his grantee, of the title through foreclosure of first mortgage as affecting rights under a second mortgage to which the property was subject before the foreclosure, 111 A.L.R. 1285.
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.
Rights and remedies of mortgagee where mortgaged property is bid in on foreclosure as less than mortgage debt and it is redeemed by mortgagor or latter's grantee, 128 A.L.R. 796.
Price obtained at foreclosure sale as affecting liability of guarantor of mortgage debt, 128 A.L.R. 975.
Creditor or encumbrancer redeeming from mortgage sale as acquiring title and rights of sale purchaser, 135 A.L.R. 196.
Revivor or other steps necessary in event of mortgagee's death after sale of property but before confirmation of sale, 150 A.L.R. 502.
Redemption by trustee or beneficiaries from mortgage foreclosure sale, 159 A.L.R. 477.
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.
Foreclosure sale of mortgaged real estate as a whole or in parcels, 61 A.L.R.2d 505.
Rights of holder of "first refusal" option on real property in event of sale at foreclosure or other involuntary sale, 17 A.L.R.3d 962.
Mortgages effect upon obligation of guarantor or surety of statute forbidden, or restricting deficiency judgment, 49 A.L.R.3d 554.
Right of vendee under executory land contract to lien for amount paid on purchase price as against subsequent creditors of or purchasers from vendor, 82 A.L.R.3d 1040.