Georgia § 44-14-230 - Authority to foreclose; execution; sale.

§ 44-14-230. Authority to foreclose; execution; sale.

Any person holding a security interest on personal property under a transaction governed by this part or by Title 11, the "Uniform Commercial Code," and wishing to foreclose the security interest shall be authorized to foreclose the security interest and shall be entitled to an execution directed to all and singular the sheriffs, the marshals, the constables, or their lawful deputies, of this state, which execution shall command the sale of the secured property to satisfy the amount due from the debtor, together with the costs of the proceedings to foreclose the security interest in accordance with the procedure specified in this part, together with an order directing the defendant or the party in possession to turn over to the sheriff, the marshal, the constable, or their lawful deputies the property sought to be foreclosed upon as provided for in subsection (d) of Code Section 44-14-233. As used in this subsection, the term "rental transaction" means the lease or rental of goods or personal property. Any owner of personal property leased or rented in a rental transaction who wishes to regain possession of such property as authorized by the terms of the transaction may obtain a writ of possession under this subpart in the same manner as is authorized for a holder of a security interest in personal property. Solely for the purpose of applying the procedures specified by this part to rental transactions and not for any other purposes, the owner of the property shall be considered to be a secured party and the rented or leased property shall be considered to be secured property. Proceedings to regain property under a rental transaction shall be as provided in this subpart, except that after a writ of possession is granted the rented or leased property shall be delivered to the owner and shall not be levied upon. (Laws 1799, Cobb's 1851 Digest, p. 571; Laws 1839, Cobb's 1851 Digest, p. 572; Code 1863, § 3875; Code 1868, § 3895; Ga. L. 1871-72, p. 20, § 1; Code 1873, § 3971; Code 1882, § 3971; Ga. L. 1882-83, p. 74, § 1; Ga. L. 1882-83, p. 109, § 1; Civil Code 1895, § 2753; Civil Code 1910, § 3286; Code 1933, § 67-701; Ga. L. 1974, p. 398, § 1; Ga. L. 1983, p. 724, § 1; Ga. L. 1984, p. 892, § 2; Ga. L. 1987, p. 3, § 44; Ga. L. 1987, p. 1023, § 1.) Law reviews. - For article on this part and personal property foreclosures, see 11 Ga. St. B. J. 230 (1975). For article, "The Civil Jurisdiction of State and Magistrate Courts," see 24 Ga. St. B. J. 29 (1987). For article, "Foreclosure Diversion and Mediation in the States," see 33 Georgia St. U. L. Rev. 411 (2017).