Title 44, Chapter 14, Section 120
( 44-14-120)
Whenever any person has conveyed real property in this state by a
deed to a trustee to secure the payment of a note or notes, bonds,
or other debt owing to one or more persons, the rights of the
trustee named in the deed or his successor in estate, as well as the
rights of the holders or owners of the notes or other debts in the
real property, may be enforced in the following manner: (1) The trustee named in the deed or his successor in estate
entitled to enforce the deed may, upon the request of the holders
or owners of at least two-thirds of the indebtedness thereby
secured but not otherwise, petition the superior court of the
county of the residence of the maker of the deed or, if there is
more than one maker, the superior court of the county of the
residence of either or, if the maker or makers are nonresidents of
the state, the superior court of the county wherein the land or
any part thereof conveyed by the deed is located or the city
court, if any, in the county having jurisdiction of the amount
claimed in the petition. The petition shall contain a statement of
the case, the amounts demanded, and a description of the property
covered by the deed to secure such demands; and (2) Upon the petition being filed, the court shall grant an order
directing the sums demanded in the petition, together with
interest and costs, to be paid into the court on or before the
first day of the next term immediately succeeding the one at which
the order is granted, which order shall be published once a week
for four weeks in some newspaper generally circulated in the
county or shall be served on the maker of the deed or his special
agent or attorney at least 20 days prior to the time at which the
money is directed to be paid into the court. |