Foreclosure Before Debt Due - Affidavit of Illegality; Bond; Trial of Issue

Checkout our iOS App for a better way to browser and research.

After the levy of the execution on the mortgaged property, the defendant may file his affidavit of illegality, in which affidavit he may avail himself of any defense that he could have set up in an ordinary action upon the demand secured by the mortgage and may show that he is not justly indebted to the plaintiff in the sum claimed in the affidavit of foreclosure. The subsequent proceedings, as to the giving of bond and the trial of the issue made in the case, shall be conducted in the manner prescribed by Code Section 44-14-233.

(Ga. L. 1882-83, p. 109, § 3; Civil Code 1895, § 2756; Civil Code 1910, § 3289; Code 1933, § 67-1004.)


Download our app to see the most-to-date content.