Execution and Recordation of Quitclaim Deed Following Judgment; Levy and Sale; Disposition of Proceeds; Notice

  1. Law
  2. Georgia Code
  3. Property
  4. Mortgages, Conveyances to Secure Debt, and Liens
  5. Foreclosure
  6. Foreclosure of Deeds to Secure Debt, Purchase Contracts, and Bonds for Title
  7. Execution and Recordation of Quitclaim Deed Following Judgment; Levy and Sale; Disposition of Proceeds; Notice

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  1. In cases where a contract to purchase or a bond for title has been made, where purchase money has been partly paid, or where a deed to secure a debt has been executed and the purchase money or secured debt has been reduced to judgment by the payee, assignee, or holder of the debt, the holder of the legal title or, if dead, his executor or administrator, without order of any court, shall make and execute to the defendant in fi. fa. or, if he is dead, to his executor or administrator a quitclaim conveyance to the real or personal property and shall file and have the quitclaim conveyance recorded in the clerk's office. Thereupon, the property may be levied upon and sold as other property of the defendant; and the proceeds shall be applied to the payment of the judgment or, if there are conflicting claims, the proceeds shall be applied as determined in proceedings had for that purpose.
  2. In all cases provided for in subsection (a) of this Code section, notice of the levy and time of sale shall be given by the levying officer to the vendor or holder of the title given to secure the debt, if known, and also to the defendant in fi. fa. and, in case of death, to their legal representatives. Depositing a properly addressed and stamped letter in the post office shall be deemed sufficient notice under this subsection.

(Laws 1847, Cobb's 1851 Digest, p. 517; Laws 1850, Cobb's 1851 Digest, p. 518; Code 1863, § 3581; Code 1868, § 3604; Code 1873, § 3654; Code 1882, §§ 1970, 3654; Ga. L. 1894, p. 100, §§ 1, 3; Civil Code 1895, §§ 5432, 5434; Civil Code 1910, §§ 6037, 6039; Code 1933, §§ 39-202, 67-1501.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 30 Am. Jur. 2d, Executions, §§ 232, 244. 55 Am. Jur. 2d, Mortgages, § 572 et seq. 68 Am. Jur. 2d, Secured Transactions, § 572 et seq.

24A Am. Jur. Pleading and Practice Forms, Vendor and Purchaser, § 3.

C.J.S.

- 33 C.J.S., Executions, § 45. 59A C.J.S., Mortgages, § 690 et seq.

ALR.

- Judgment as lien on judgment debtor's equitable interest in real property, 30 A.L.R. 504.

Rights or interests covered by quitclaim deed, 44 A.L.R. 1266; 162 A.L.R. 556.

Recording laws as applied to power of attorney under which deed or mortgagee is executed, 114 A.L.R. 660.

Constitutionality of provision for service by publication of notice of proceeding by purchaser at tax sale to foreclose delinquent owner's right of redemption, or of other proceeding perfect tax purchaser's title, 145 A.L.R. 597.

Interest of vendee under executory contract as subject to execution, judgment lien, or attachment, 1 A.L.R.2d 727.


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