A sale regularly made by virtue of judicial process issuing from a court of competent jurisdiction shall convey the title as effectually as if the sale were made by the person against whom the process was issued.
§ 9-13-173.Effect of judicial sale on title
Chapter 13. Executions and Judicial Sales · Article 7. Judicial Sales · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-13-173 provides that a sale regularly conducted under judicial process from a court of competent jurisdiction conveys title just as effectively as if the person against whom the process issued had made the sale personally.
Full Text of § 9-13-173
Plain-English Summary
The officer conducting an execution sale is not the owner of the property, and the judgment debtor is rarely a willing participant. Without a rule like this one, it might be unclear how the officer’s sale can pass good title at all. This section supplies the answer by treating a regularly conducted judicial sale as if the debtor had conveyed the property personally, substituting the sale’s legal effect for the debtor’s own signature.
That effect depends on the qualifying words built into the section: the sale must be “regularly made,” and the process must come from “a court of competent jurisdiction.” Where those conditions hold, the sale’s title-passing effect is automatic, without needing the debtor’s cooperation or consent. Where they do not, other sections take over — Code Section 9-13-172 lets a court set aside a sale infected with fraud, irregularity, or error, and Code Section 9-13-171 addresses the separate question of when a sale under void process still binds a defendant who watched it happen without objecting.
Frequently Asked Questions
How does a judicial sale pass title if the owner never signed anything?
The statute treats a regularly conducted judicial sale as conveying title just as effectively as if the person against whom the process issued had made the sale personally.
Does the sale need to come from a court with proper jurisdiction for this rule to apply?
Yes. The section specifies process issuing from a court of competent jurisdiction.
What happens to title if the sale itself was irregular?
This section speaks to a sale “regularly made”; an irregular sale can instead be set aside under Code Section 9-13-172.
Does the judgment debtor need to consent to the sale for title to pass?
No. The debtor’s cooperation is not required — the sale’s legal effect substitutes for the debtor’s own conveyance.
Does this section apply to sales under void process?
No. Void process raises separate questions addressed in Code Section 9-13-171, distinct from a regularly made sale under valid process.
Amendment History
Orig. Code 1863, § 2575; Code 1868, § 2577; Code 1873, § 2619; Code 1882, § 2619; Civil Code 1895, § 5446; Civil Code 1910, § 6051; Code 1933, § 39-1303.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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