Definitions

  1. Law
  2. Georgia Code
  3. Property
  4. Mortgages, Conveyances to Secure Debt, and Liens
  5. Foreclosure
  6. Foreclosures on Personalty
  7. Foreclosures Arising Out of Commercial Transactions
  8. Definitions

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As used in this subpart, the term:

  1. "Commercial transaction" means a transaction which gives rise to an obligation to pay for goods sold or leased, services rendered, or moneys loaned for use in the conduct of a business or profession and not for personal consumption.
  2. "Consumer transaction" means the sale, lease, or rental of goods, services, or property, real or personal, primarily for personal, family, or household purposes.
  3. "Waiver" means a written statement signed by the defendant, which statement contains language clearly and unambiguously waiving any and all rights the defendant may have to a notice prior to seizure by a creditor having an interest in personal property of the defendant. No waiver shall be effective unless the interest sought to be foreclosed upon arose out of a commercial transaction.

(Code 1933, § 67-718, enacted by Ga. L. 1975, p. 1213, § 3.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 68 Am. Jur. 2d, Secured Transactions, §§ 23, 590-606.

C.J.S.

- 14 C.J.S., Chattel Mortgages, § 370.

ALR.

- Chattel mortgage on property consumable in use, 49 A.L.R. 1495.


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