Title 44, Chapter 14, Section 234
( 44-14-234)
In any foreclosure action, the defendant shall comply with the
following provisions: (1) Where the issue of the right of possession cannot be finally
determined within two weeks from the date of service of the copy
of the summons, the defendant shall be required to pay into the
registry of the trial court: (A) All past due amounts which are admitted to be due and for
which there are no allegations of defenses or claims which, if
proven, would offset said amounts alleged past due; and (B) All amounts of unaccelerated payments which become due after
the issuance of the summons as said amounts of payments become
due; provided, however, that, in lieu of the payments, the defendant
shall be allowed to submit a receipt to the court indicating that
the payments have been made to the secured creditor. In the event
that the amount of the payments actually due or to become due is
in controversy, the court shall determine the amount to be paid
into the court in the same manner as provided in paragraph (2) of
this Code section; (2) If the plaintiff and the defendant disagree as to the amounts
actually due or to become due, the court shall set a hearing date
to determine the amount to be paid into the court. At the hearing,
the parties may submit to the court any evidence of the amounts
actually due or to become due, including any security agreement
and evidence of any claims or defenses arising out of the same
transaction, for the purpose of establishing the actual amount of
the payments to be paid into the registry of the court; (3) After the date of the service of the summons as provided in Code Section 44-14-232, the defendant shall not transfer, remove, or convey the secured property without posting bond as provided in Code Section 44-14-237; (4) If the defendant fails to comply with any provision of this
Code section to the detriment of the plaintiff, the court shall
issue a writ of possession. The issuance of a writ of possession
shall not affect the merits of the case but shall only affect the
right to possession pending a final decision on the merits; and (5) The court shall order the clerk of the court to pay to the
plaintiff the amounts paid into the registry of the court as the
payments are made; provided, however, that, if the defendant
claims that he is entitled to all or a part of the funds and such
claim is an issue of controversy in the litigation, the court
shall order the clerk to pay to the plaintiff without delay only
that portion of the funds to which the defendant has made no claim
in the proceedings. That part of the funds which is a matter of
controversy in the litigation shall remain in the registry of the
court until a final determination of the issues. |