Title 44, Chapter 14, Section 211
( 44-14-211)
In all cases where a deed to land has been executed to secure a debt
or the performance of an obligation and the grantor therein is or
becomes thereafter liable to the process of attachment, an
attachment may issue against him at the instance of the payee,
assignee, or holder of the debt or obligation upon his compliance
with the provisions of law relating to attachments. The attachment
shall be levied upon the land described in the deed, and the
subsequent proceedings shall be in all respects as prescribed by law
in relation to attachments. The holder of the legal title of the
land described in the deed or, if dead, his executor or
administrator may make and execute, without order of any court, for
the purpose of levy and sale after the rendition of judgment in
attachment and the issuance of execution thereon, a quitclaim deed
of conveyance of the land to the grantor in the deed and may file
the same for record in the office of the clerk of the superior court
of the county where the land is located. When a judgment is obtained
upon the attachment and the deed is so filed and recorded, the
execution issued upon the judgment may be levied upon the land and
the land may be sold as other property of the defendant. The
proceeds arising from the sale shall be applied to the payment of
the judgment or, if there are conflicting claims, the proceeds shall
be applied as determined in proceedings had for that purpose;
provided, however, this Code section shall not apply unless the debt
or debts or liabilities so secured have become due under the terms
of the contract creating the obligation or obligations. |