Title 44, Chapter 14, Section 239
( 44-14-239)
Whenever a process of attachment may be legally brought against any
person upon any debt or demand secured by a mortgage on personal
property, or whenever the purchaser of mortgaged property is seeking
to remove the property outside of the county, or when the defendant
is seeking to dispose fraudulently or is fraudulently disposing of
the mortgaged property and a disposal of the property will lessen
the security, the creditor may foreclose his mortgage in the manner
prescribed by law, except that the affidavit need not state that the
debt or demand is due but shall state that the debtor has placed
himself in one of the positions where a process of attachment could
legally issue against him, or that the defendant is disposing or
seeking to dispose of the mortgaged property and that a disposal of
the property will lessen the security and shall state the amount of
the debt or demand claimed and when the debt will be due. |