Georgia § 44-14-185 - Defenses by third persons; right of purchaser not party to foreclosure to go behind judgment.
Full text of Georgia Official Code of Georgia Annotated § 44-14-185 — Defenses by third persons; right of purchaser not party to foreclosure to go behind judgment., with citation guidance and answers to common questions.
§ 44-14-185. Defenses by third persons; right of purchaser not party to foreclosure to go behind judgment.
If the mortgagor or his special agent or attorney fails to set up a defense as provided in Code Section 44-14-184, it shall not be competent for any third person to interpose a defense and neither will the court itself, of its own motion, do so. However, one who purchases mortgaged property prior to the commencement of statutory proceedings to foreclose and who is not a party to the proceedings is not bound by the judgment of foreclosure and may, when the mortgage fi. fa. is levied, go behind the judgment and set up the defense that the mortgage could not be legally enforced against him whenever this is necessary and proper to establish the claim of title upon which he relies. (Orig. Code 1863, § 3869; Code 1868, § 3889; Code 1873, § 3965; Code 1882, § 3965; Civil Code 1895, § 2747; Civil Code 1910, § 3280; Code 1933, § 67-302.) History of section. - This section is derived from the decisions in Osborne v. Rice, 107 Ga. 281 , 33 S.E. 54 (1899), and Simmerson v. Herringdine, 166 Ga. 143 , 142 S.E. 687 (1928).
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 44-14-185
What does Official Code of Georgia Annotated § 44-14-185 cover?
Section 44-14-185 ("Defenses by third persons; right of purchaser not party to foreclosure to go behind judgment.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 44-14-185?
A common citation format is "Official Code of Georgia Annotated § 44-14-185" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 44-14-185 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.