reglab/housing_qa huggingface dataset:
GA Code § 44-2-142 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 4 - Registers and Registration|§ 44-2-142. Notation of Change of Name on Register and Certificate

 Any person who has any interest in registered land and whose name has been changed by marriage or other cause may, by petition to the judge of the court and upon proof of the facts, obtain an order directing the clerk to note the change of name upon the title register and upon the owner's certificate upon its being produced.   (Ga. L. 1917, p. 108, § 53; Code 1933, § 60-425.)
GA Code § 44-2-143 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 4 - Registers and Registration|§ 44-2-143. Notation of Liens and Lis Pendens on Register; Effect Absent Notation

 No judgment, levy, or other lien except a lien for taxes for which special provision is made in this article shall be effective against registered land so as to affect any person taking a transfer thereof or obtaining any right or interest therein unless and until a notation of such judgment, levy, or lien is made upon the title register. The pendency of any action affecting the title to registered land or any interest therein shall not be held to be notice to any person other than the actual parties to such action unless a notation of the pendency of such action is made upon the title register.   (Ga. L. 1917, p. 108, § 54; Code 1933, § 60-426.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Records and Recording Laws, §§ 39, 46.   C.J.S.   - 76 C.J.S., Registration of Land Titles, §§ 22, 27.   ALR.    - Lis pendens as affecting property in county or district other than that in which action is pending, 71 A.L.R. 1085.
GA Code § 44-2-160 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 5 - Conveyance, Transfer, and Descent|§ 44-2-160. Manner of Recording Deeds Conveying Title to Registered Land; Validity of Previous Conveyances of Registered Land

 Deeds conveying title to all registered estates shall be recorded in the same manner as deeds conveying title to unregistered lands are recorded. All previous conveyances of interests in registered lands by the last registered owner or said owner's representatives, heirs, or assigns and recorded in the deed records in the office of the clerk of the superior court in which the land is situated shall be valid transfers of said interests. Upon request, the clerk of the superior court is authorized to note on the title register the information regarding the transfers and that the land is no longer required to be transferred on said register under this article, "The Land Registration Law."   (Ga. L. 1917, p. 108, § 30; Code 1933, § 60-501; Ga. L. 1982, p. 3, § 44; Ga. L. 1989, p. 563, § 5.)    The 1989 amendment,  effective April 3, 1989, rewrote the section.   Law reviews.   - For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 315 (1989).   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Registration of Land Titles, § 10.   C.J.S.   - 76 C.J.S., Registration of Land Titles, § 30.
GA Code § 44-2-161 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 5 - Conveyance, Transfer, and Descent|§ 44-2-161. Partial Transfer of Registered Land; Undivided Interest; Interest in Particular Portion; Notations on Register; Issuance of Certificates

  Whenever a part of any registered land is to be transferred or conveyed, such transfer or conveyance shall be in a form substantially the same as that used for a total transfer; but it shall set forth particularly and specifically the portion of the land transferred, if it is an undivided interest, or, if it is a particular portion of the tract, it shall describe the portion accurately and definitely.   In case an undivided interest is transferred, upon presentation of the transfer together with the owner's certificate of title, the clerk shall not cancel the owner's certificate so presented nor the certificate of title on the title register but shall enter a notation of the partial transfer on the certificate of title, on the title register, and on the owner's certificate; and the clerk shall also register upon the title register a certificate of title in the name of the grantee of the undivided portion of the estate so transferred and shall issue him a corresponding owner's certificate setting out the part or amount of land transferred, as the case may be.   If the transfer is of a divided part of the land, the clerk shall first enter the fact of the transfer upon the certificate of title on the title register and shall cancel the certificate of title on the title register and the owner's certificate of title. Thereupon, he shall register separate new certificates of title on the title register, one in the name of the transferee for the portion of the tract conveyed to him and the other in the name of the transferor for the portion retained; and the clerk shall also issue separate new owners' certificates accordingly.   The clerk shall note upon the title register and the owners' certificates the reference and cross-reference to the certificates referred to in subsections (b) and (c) of this Code section.    (Ga. L. 1917, p. 108, § 31; Code 1933, § 60-502.)
GA Code § 44-2-162 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 5 - Conveyance, Transfer, and Descent|§ 44-2-162. Subdivision of Registered Land; Procedure

 The owner or owners of a tract of land embraced in a certificate may divide it into smaller tracts and, upon surrender of his or their owner's certificate, cause separate certificates to be issued for the respective smaller tracts. The procedure in such cases shall be for the owner or owners to petition the judge and to attach to or include within the petition a map or plat showing the tract as registered and the subdivision for which they desire the new certificates. The judge shall examine the petition and the plat and, if he is not fully satisfied that the content of the original tract is exactly equivalent to the sum of the contents of the smaller tracts into which it is subdivided, may order a survey at the owner's expense. If and when the judge is satisfied on this subject, he shall pass an order directing the clerk to cancel the certificate of title on the record upon surrender of the outstanding owner's certificate and to issue new and separate certificates of title and owners' certificates for the smaller tracts into which the original tract is subdivided, all of which new certificates shall carry the same limitations and notations as the canceled certificate, as in the case of a transfer.   (Ga. L. 1917, p. 121, § 31; Code 1933, § 60-502; Ga. L. 1943, p. 326, § 1.)
GA Code § 44-2-163 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 5 - Conveyance, Transfer, and Descent|§ 44-2-163. Conveyance to Secure Debt; Form; Notation and Registration; Creditor's Certificate

 The owner of any registered land who desires to convey the land as security for debt and with power of sale without foreclosure may do so by a short form of transfer substantially in the form provided in Code Section 44-2-241. The form shall be signed and properly acknowledged or attested as if it were a deed to land and shall be presented together with the owner's certificate to the clerk. The clerk shall note on the owner's certificate and on the certificate of title in the title register the name of the creditor, the amount of debt, and the date of maturity of the debt and shall show that a creditor's certificate has been issued therefor. When only a part of the registered estate is so conveyed, the clerk shall note on the book and the owner's certificate the part so conveyed. The clerk shall retain, number, and file away the instrument of transfer and shall issue and deliver to the creditor a creditor's certificate, over his hand and seal, setting out the portion so conveyed. All registered encumbrances, rights, or adverse claims affecting the estate represented thereby which are in existence at the time the creditor's certificate is issued shall be noted thereon.   (Ga. L. 1917, p. 108, § 32; Code 1933, § 60-503.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Records and Recording Laws, §§ 39, 45, 49.   C.J.S.   - 76 C.J.S., Registration of Land Titles, §§ 27, 30, 31.
GA Code § 44-2-164 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 5 - Conveyance, Transfer, and Descent|§ 44-2-164. Assignment or Negotiation of Creditor's Certificate; Effect of Transfer of Indebtedness; Surrender and Cancellation of Certificate; Order of Cancellation; Notation

 The creditor's certificate shall be assignable or negotiable to the same extent as the note or other evidence of indebtedness secured thereby may be, but assignments or transfers of the creditor's certificate need not be noted on the title register. A transfer or assignment of the indebtedness shall operate to transfer the creditor's certificate securing the same in like manner and to the same extent as is set forth in Code Section 10-3-1, relating to the case of transfer of indebtedness secured by mortgage, unless otherwise agreed between the parties. The creditor's certificate may be surrendered and canceled at any time by the owner thereof. It shall be the creditor's duty to surrender the certificate and give an order for cancellation of the same when the debt is paid. If he refuses, he may be compelled by the court to do so and in any proper case the judge may order a cancellation on the title register. Upon presentation of an order of cancellation with the surrendered creditor's certificate or upon presentation of the judge's order directing cancellation, the clerk shall enter a notation of the same in the register of titles and on the owner's certificate of title.   (Ga. L. 1917, p. 108, § 33; Code 1933, § 60-504.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Records and Recording Laws, § 45.   C.J.S.   - 76 C.J.S., Registration of Land Titles, §§ 28, 29.
GA Code § 44-2-165 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 5 - Conveyance, Transfer, and Descent|§ 44-2-165. Sale by Holder of Creditor's Certificate; Application for Transfer to Purchaser; Opportunity to Object to Transfer; Order of Application of Sale Proceeds

 If the debt secured by a creditor's certificate or any part thereof becomes due and unpaid, the holder of the creditor's certificate may, after advertising the property for sale in the manner prescribed by law for advertising sheriff's sales of land, sell the property at auction before the courthouse door of the county and sell it to the highest and best bidder for cash. The sale need not be conducted by the creditor or holder of the creditor's certificate personally but may be conducted through any agent or attorney. The holder of the certificate, his agent, or his attorney shall thereupon make an oath to the facts and apply to the judge for an order of transfer to the purchaser. The application shall be accompanied by a certified copy of the certificate of title from the title register as of the date of the sale. The judge shall cause at least five days' notice to be given to the debtor and to any persons who, according to the title register, have acquired any interest in the property subsequent to the issuance of the creditor's certificate; and, if no objections are made or if objections are made after a hearing, the judge shall grant an order of transfer with such directions for cancellation of other certificates and entries and otherwise as shall be in accordance with the justice of the case and with the spirit of this article. The proceeds of the sale shall be applied first to the payment of the costs of advertising the sale and obtaining the judge's order of transfer, then to the payment of the debt, and any remainder shall be paid to the debtor or his order.   (Ga. L. 1917, p. 108, § 35; Code 1933, § 60-505.)
GA Code § 44-2-166 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 5 - Conveyance, Transfer, and Descent|§ 44-2-166. Transfer to Secure Debt; Notation of Bond for Title or to Reconvey

 Nothing in this article shall prevent the owner of land from transferring his registered title as security for debt or from causing the title to be registered in the name of the creditor by transferring to the creditor as if he were an ordinary vendee of the registered title; and, if bond for title or bond to reconvey is given, it may be noted on the certificate of title on the title register and on the owner's certificate, provided it is attested or acknowledged as if it were a deed.   (Ga. L. 1917, p. 108, § 36; Code 1933, § 60-506.)
GA Code § 44-2-167 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 5 - Conveyance, Transfer, and Descent|§ 44-2-167. Validity and Priority of Unrecorded Transfers of Owner's Certificate to Registered Lands

 Unrecorded transfers of owner's certificate to registered lands shall have the same validity as unrecorded deeds of conveyance. The validity and priority of unrecorded transfers shall be governed by Code Sections 44-2-1, 44-2-3, and 44-2-4.   (Ga. L. 1917, p. 108, § 37; Code 1933, § 60-507; Ga. L. 1989, p. 563, § 6.)    The 1989 amendment,  effective April 3, 1989, rewrote the Code section.   Law reviews.   - For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 315 (1989).   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Registration of Land Titles, § 10.   C.J.S.   - 76 C.J.S., Registration of Land Titles, § 30.
GA Code § 44-2-168 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 5 - Conveyance, Transfer, and Descent|§ 44-2-168. Descent of Registered Land as Personalty

 Reserved. Repealed by Ga. L. 1989, p. 563, § 7, effective April 3, 1989.   Editor's notes.   - This Code section was based on Ga. L. 1917, p. 108, § 42, and Code 1933, § 60-508.
GA Code § 44-2-169 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 5 - Conveyance, Transfer, and Descent|§ 44-2-169. Personal Representative as Trustee; Right of Personal Representative to a Commission; Power of Heirs to Require Transfer

 Subject to the powers, rights, and duties of administration, the personal representative of the deceased owner shall hold registered real estate as trustee for the persons beneficially entitled thereto by law. Unless otherwise entitled by law to commissions, the personal representative shall be entitled to no commissions thereon except in cases of necessary sales in the due course of administration. The heirs at law or beneficiaries entitled by law to the real estate shall have the same power of requiring a transfer of such estate as if it were personal estate.   (Ga. L. 1917, p. 108, § 43; Code 1933, § 60-509.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Records and Recording Laws, § 144.   C.J.S.   - 76 C.J.S., Registration of Land Titles, § 36.
GA Code § 44-2-170 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 5 - Conveyance, Transfer, and Descent|§ 44-2-170. Right of Personal Representative to Have Registered Land Transferred to Him Where Such Land Transferred to Heirs Before His Appointment; Action Against Heirs Who Have Improperly Appropriated Land

 After a transfer of registered land has been made to the heirs at law or to the widow claiming to be the sole heir as stated in Code Section 44-2-131, a personal representative appointed at any time thereafter to administer the estate of the decedent shall not be entitled to have such registered land transferred to him for purposes of administration; but, if it appears that the heirs have appropriated to their use and ownership property which should have been appropriated to the purposes of administration, the personal representative of the decedent shall have a right of action against the heirs for the value of the property so appropriated, the judgment in such action to be molded according to the exigencies of the particular case, in accordance with the principles of equity.   (Ga. L. 1917, p. 108, § 46; Code 1933, § 60-510.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Records and Recording Laws, § 144.   C.J.S.   - 76 C.J.S., Registration of Land Titles, § 36.
GA Code § 44-2-171 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 5 - Conveyance, Transfer, and Descent|§ 44-2-171. Procedure for Ascertaining, and Transfer To, Heirs or Beneficiaries

  Whenever an administrator who has caused registered land to be transferred into his name stands ready to be discharged, if it is not necessary to sell such registered land for the purposes of administration and it should properly go to the heirs at law of the decedent, such administrator may institute a proceeding substantially similar to that prescribed in Code Section 44-2-131 for the ascertainment of the heirs at law and for an order directing the transfer of such estate from him to such heirs.   If a trustee holds title to registered land and the beneficiaries of the trust are not definitely and particularly disclosed, if it becomes appropriate that they be definitely ascertained, such trustee may in like manner petition the court, upon showing that the trust has become executed, for a decree settling and ascertaining who the beneficiaries are and directing a transfer to such beneficiaries.    (Ga. L. 1917, p. 108, § 47; Code 1933, § 60-511.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Records and Recording Laws, § 144.   C.J.S.   - 76 C.J.S., Registration of Land Titles, § 36.
GA Code § 44-2-172 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 5 - Conveyance, Transfer, and Descent|§ 44-2-172. Transfer by Clerk Pursuant to Judgment; Production of Copy of Decree and Order

 Wherever, as the result of a proceeding in any court, it is adjudged that a transfer of registered land should be made, such transfer may be made by the clerk upon the production of a certified copy of the decree showing in what book and page of the minutes of the court the decree is recorded and an order of the judge of the superior court of the county in which the land is located directing the transfer to be made. Once the certified copy and the order are produced, the certificate of title on the register of titles and the owner's certificate shall be canceled and new certificates shall be registered and issued accordingly. Production of the certified copy of the decree shall not be required when it is rendered in the same court as that in which the title is registered, but the clerk shall act upon the judge's order of transfer and the inspection of his own minute book.   (Ga. L. 1917, p. 108, § 49; Code 1933, § 60-513.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Records and Recording Laws, §§ 112, 172, 173.   C.J.S.   - 76 C.J.S., Registration of Land Titles, § 42.
GA Code § 44-2-173 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 5 - Conveyance, Transfer, and Descent|§ 44-2-173. Petition for Involuntary Transfer; Referral to Examiner; Notice; Appointment of Guardians Ad Litem; Order of Transfer

 Whenever it is desired to have an involuntary transfer registered, petition therefor shall be made to the judge of the court. The judge may hear the facts or, in his discretion, may refer the petition to an examiner of titles to hear and report the facts. The judge shall see to it that all parties at interest are given reasonable notice before any order of transfer is made. Whenever, in his judgment, the interests of justice so require, the judge shall cause notice of the petition to be published in the newspaper in which the sheriff's sales of the county are advertised for not less than four times in four separate weeks. Before granting an order directing the transfer, the judge shall fully satisfy himself that all parties who have or may have an interest in the matter of the transfer have been notified; that, in the case of minors or other persons under disability, guardians ad litem have been appointed to represent their interests; and that there is no valid reason why the order directing involuntary transfer should not be made. Thereupon, he shall enter a decree or judgment upon the minutes of the court, reciting the facts and stating that an order of transfer has been issued, and shall issue the order of transfer in substantially the form and manner prescribed in this article.   (Ga. L. 1917, p. 108, § 50; Code 1933, § 60-514.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Records and Recording Laws, § 51.   C.J.S.   - 76 C.J.S., Registration of Land Titles, § 38.
GA Code § 44-2-174 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 2 - Recordation and Registration of Deeds and Other Instruments|Article 2 - Land Registration|Part 5 - Conveyance, Transfer, and Descent|§ 44-2-174. Attack on Transfers Made to Hinder, Delay, or Defraud Creditors; Decree Voiding Such Transfer; Entry of Cancellations and Transfers on Register and Certificate

 Nothing in this article shall prevent any transfer or other dealing with registered land from being attacked in court as having been made for the purpose of hindering, delaying, or defrauding creditors; provided, however, that, upon the trial of the case, the court having jurisdiction finds that the person taking the transfer or the apparent beneficiary of the dealing took the benefit of the same with knowledge of the fact that the intention of the transaction was to hinder, delay, or defraud creditors; and provided, further, that none of the rights of innocent parties shall be affected. If, in the proceeding, the court having jurisdiction of the case finds that any transfer or other dealing with registered land was made for the purpose of hindering, delaying, or defrauding creditors and that the rights of no innocent parties will be prejudiced by the court's judgment or decree, the court may pass such judgment or decree as will void the transfer or the effect of such other transaction as may have been made to hinder, delay, or defraud creditors. Upon the decree or judgment of the court, the judge of the superior court of the county where the land is located, upon application as provided in Code Section 44-2-173, may direct such cancellations and transfers to be entered upon the title register and upon the owner's certificate as shall be necessary to carry the decree or judgment into effect.   (Ga. L. 1917, p. 108, § 55; Code 1933, § 60-515.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 66 Am. Jur. 2d, Registration of Land Titles, § 9.   C.J.S.   - 76 C.J.S., Registration of Land Titles, § 24.