Title 44, Chapter 14, Section 180
( 44-14-180)
Mortgages on real estate may be foreclosed in the following manner: (1) Any person who applies and who is entitled to foreclose the
mortgage shall, by himself or his attorney, petition the superior
court of the county wherein the mortgaged property is located,
which petition shall contain a statement of the case, the amount
of the petitioner's demand, and a description of the property
mortgaged; (2) Upon the filing of the petition, the court shall grant a rule
directing that the principal, the interest, and the costs be paid
into court. The rule shall be published twice a month for two
months or served on the mortgagor or his special agent or attorney
at least 30 days prior to the time at which the money is directed
to be paid into the court; and (3) Notwithstanding paragraphs (1) and (2) of this Code section,
where the land covered by the mortgage shall consist of a single
tract of land divided by a county line or county lines, the
mortgage may be foreclosed on the entire tract in either of the
counties in which part of it is located; but, if the mortgagor
shall reside upon the land, the mortgage shall be foreclosed in
the county of his residence. |