Georgia Statutes
§ 23-2-114 — Powers of sale to be construed strictly; manner of sale; who may exercise
Georgia § 23-2-114
JurisdictionGeorgia
Title23
This text of Georgia § 23-2-114 (Powers of sale to be construed strictly; manner of sale; who may exercise) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
O.C.G.A. § 23-2-114 (2026).
Text
Powers of sale in deeds of trust, mortgages, and other instruments shall be strictly construed and shall be fairly exercised. In the absence of stipulations to the contrary in the instrument, the time, place, and manner of sale shall be that pointed out for public sales. Unless the instrument creating the power specifically provides to the contrary, a personal representative, heir, heirs, legatee, devisee, or successor of the grantee in a mortgage, deed of trust, deed to secure debt, bill of sale to secure debt, or other like instrument, or an assignee thereof, or his personal representative, heir, heirs, legatee, devisee, or successor may exercise any power therein contained; and such powers may so be exercised regardless of whether or not the transfer specifically includes the powers or
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Related
Babalola v. HSBC Bank, USA, N.A.
751 S.E.2d 545 (Court of Appeals of Georgia, 2013)
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Moore v. McCalla Raymer, LLC
916 F. Supp. 2d 1332 (N.D. Georgia, 2013)
McCarter v. Bankers Trust Co.
543 S.E.2d 755 (Court of Appeals of Georgia, 2000)
Sandra Carter v. HSBC Mortgage Services, Inc.
622 F. App'x 783 (Eleventh Circuit, 2015)
Clark v. West
395 S.E.2d 884 (Court of Appeals of Georgia, 1990)
Benton v. Patel
362 S.E.2d 217 (Supreme Court of Georgia, 1987)
Mbigi v. Wells Fargo Home Mortgage
785 S.E.2d 8 (Court of Appeals of Georgia, 2016)
Kin Chun Chung v. JP Morgan Chase Bank, N.A.
975 F. Supp. 2d 1333 (N.D. Georgia, 2013)
Sears Mortgage Corp. v. Leeds Building Products, Inc.
464 S.E.2d 907 (Court of Appeals of Georgia, 1996)
Southeast Timberlands, Inc. v. Security National Bank
469 S.E.2d 454 (Court of Appeals of Georgia, 1996)
Atlanta Dwellings, Inc. v. Wright
527 S.E.2d 854 (Supreme Court of Georgia, 2000)
Boaz v. Latson
580 S.E.2d 572 (Court of Appeals of Georgia, 2003)
JAMES v. BANK OF AMERICA, N.A. Et Al.
772 S.E.2d 812 (Court of Appeals of Georgia, 2015)
Fenello v. Bank of America, N.A.
926 F. Supp. 2d 1342 (N.D. Georgia, 2013)
McGinnis v. American Home Mortgage Servicing Inc.
240 F. Supp. 3d 1337 (M.D. Georgia, 2017)
Stubbs v. Bank of America
844 F. Supp. 2d 1267 (N.D. Georgia, 2012)
Aikens v. Wagner
498 S.E.2d 766 (Court of Appeals of Georgia, 1998)
Cummings v. Anderson (In re Cummings)
173 B.R. 959 (D. Georgia, 1994)
McDaniel v. Suntrust Bank (In re McDaniel)
523 B.R. 895 (M.D. Georgia, 2014)
Nearby Sections
15
§ 23-1-10
Who would have equity must do equity§ 23-1-12
Equity of misled party superior§ 23-1-13
Volunteer's equity inferior§ 23-1-16
Taking with notice of equity§ 23-1-21
Compulsion to litigate§ 23-1-22
Interference with creditorCite This Page — Counsel Stack
Bluebook (online)
Georgia § 23-2-114, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/23-2-114.