IN THE SUPERIOR COURT OF ROCKDALE COUNTY
STATE OF GEORGIA
FILE No. 2012-CV-1636-I
JOHN D. CURRY
A TRACT OF LAND, BEING KNOWN AS
2328 ROCKBRIDGE ROAD (TAX PARCEL
ID NUMBER 021-0-01-0012)
As the respective interests
May be or appear: TENANT, OWNER OR OCCUPANT OF PROPERTY; LILLIE MAE CURRY, INDIVIDUALLY, AND AS ADMINISTRATOR OF THE ESTATE OF ISSAC THOMAS CURRY a/k/a I. T. CURRY; S. T. CURRY a/k/a SAMMUEL CURRY; GENE
P. CURRY; SHIRLEY ANN CURRY SMITH;
UNKNOWN PARTIES WITH AN INTEREST IN THE SUBJECT PROPERTY,
ORDER FOR OCGA 44-14-180 RULE
This order comes to the Court pursuant to Plaintiff's Motion for OCGA 44-14-180 Rule. The Court GRANTS this Motion.
Pursuant to OCGA 44-14-180: "Upon 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, any party seeking to judicially foreclose property."
Plaintiff filed a petition to foreclose property located at 2328 Rockbridge Road, Rockdale County, Georgia, tax parcel identification number 021-0-01-0012 (the "subject property") based it super priority redemption lien acquired pursuant to OCGA 48-4-43.
As shown by Petitioner's Complaint, Petitioner redeemed the subject property for $3612.00. Plaintiff has also expended $707.00 on court cost which includes, the filing fee, the lis pendens recording fee, personal service and services by publication. Plaintiff has recovered $445.50 in surplus funds from the Rockdale County Tax Commissioner.
In accordance with OCGA 44-14-180, the Court orders that the Defendants to this action deposit the sum of $3873.50 into the registry of the Court and that Plaintiff publish this order in the legal organ of Rockdale County twice a month for the next two months. Defendants may challenge the foreclosure by paying the money into the registry of the Court at least 30 days after Plaintiff makes a showing that Defendants were properly served under the statute either by personal service or by service by publication.
If Defendants fail to deposit the money into the registry of the Court on the date set forth above, Plaintiff may foreclose the subject property upon order of the Court.
SO ORDERED, this the 12th day of December, 2012.
Judge David Irwin
Rockdale County Superior Court
Ayoub & Mansour, LLC
675 Seminole Avenue, N.W.
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Atlanta, Ga. 30307