GA Code § 44-14-35 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens|Article 2 - Mortgages|§ 44-14-35. Recording of Mortgages on Realty; Effect of Renewed Mortgage as Lien Absent Recordation

 Mortgages on realty shall be recorded in the county where the land is located. Where a mortgage upon realty is executed to secure the payment of money or other thing of value and the same is not recorded as provided by law but the mortgage is renewed or reexecuted, the mortgage shall operate as a lien upon the property of the mortgagor only against the mortgagor himself and those having actual notice of the mortgage except from the date of the record of such mortgage.   (Laws 1755, Cobb's 1851 Digest, p. 159; Laws 1768, Cobb's 1851 Digest, p. 162; Laws 1827, Cobb's 1851 Digest, pp. 171, 172; Code 1863, § 1958; Code 1868, § 1946; Code 1873, § 1956; Ga. L. 1876, p. 34, § 1; Ga. L. 1878-79, p. 139, § 1; Code 1882, § 1956; Civil Code 1895, § 2726; Civil Code 1910, § 3259; Code 1933, § 67-108.)   Cross references.   - Intangible recording tax, § 48-6-60 et seq.   Law reviews.   - For comment on Nalley Chevrolet, Inc. v. California Bank, 100 Ga. App. 197, 110 S.E.2d 577 (1959), appearing below, see 12 Mercer L. Rev. 283 (1960).   JUDICIAL DECISIONS   Section repealed English statute.    - O.C.G.A. § 44-14-35 is repugnant to the Statute 32 Henry VIII, Chapter 9, and therefore the Act repealed the statute, if it was ever in force in Georgia. Doe v. Roe, 23 Ga. 82 (1857).   Mortgages effective from time of record as to third persons.    - Mortgages, as against the interest of third parties acting in good faith and without notice, who may have acquired a transfer or lien binding the same property, take effect from the time they are filed for record, under O.C.G.A. § 44-14-35. Hays v. Reynolds, 53 Ga. 328 (1874); W.A. Patterson Co. v. Peoples Loan & Sav. Co., 158 Ga. 503, 123 S.E. 704 (1924). See also, Albany Nat'l Bank v. Georgia Banking Co., 137 Ga. 776, 74 S.E. 267 (1912).   Re-recordation required.    - The record of a mortgage defectively attested or probated amounts to no record of it. If the mortgage afterwards be attested so as to entitle it to record, it must be recorded anew in order for it to be constructive notice. The entry of the name of the new attesting official upon the old record is improper and will not suffice. Donalson v. Thomason, 137 Ga. 848, 74 S.E. 762 (1912); Nalley Chevrolet, Inc. v. California Bank, 100 Ga. App. 197, 110 S.E.2d 577 (1959).    If a mortgage containing a power of sale is duly recorded, it may be exercised as against the mortgagor and those claiming under the mortgagor, either by deed, or as purchasers at a judicial sale, under process to which the mortgage is superior in its lien. Calloway v. People's Bank, 54 Ga. 572 (1875).   Record as between parties.    - Generally, as among themselves, the priority of mortgage liens is fixed by the date of the record, in the absence of the elements of notice. Durden v. Aycock Bros., 13 Ga. App. 420, 79 S.E. 213 (1913).   OPINIONS OF THE ATTORNEY GENERAL   Purpose of section.    - The purpose of O.C.G.A. § 44-14-35 is to provide protection against third parties. 1950-51 Op. Att'y Gen. p. 113.   RESEARCH REFERENCES   C.J.S.   - 59 C.J.S., Mortgages, § 192 et seq.   ALR.    - Priority as between judgment lien and unrecorded mortgage, 4 A.L.R. 434.    Priority were senior instrument affecting real property is recorded after execution but before recording of junior instrument, 32 A.L.R. 344.    Fraudulent misrepresentation or concealment by a contracting party concerning title to property or other subjects which are matters of public record, 33 A.L.R. 853; 56 A.L.R. 1217.    Who may take advantage of failure to renew real estate mortgage as provided by statute, 97 A.L.R. 739.    Mortgagee's release of mortgagor's personal liability by dealings with purchaser of part of mortgaged property who had assumed mortgage debt as affecting lien of mortgage upon other which has been conveyed by mortgagor to third person, 101 A.L.R. 618.    Constitutionality of retroactive statute limiting time for duration or enforcement of existing mortgage, or other real estate lien, or ground rent, 158 A.L.R. 1043.    Statutes precluding enforcement of real-estate mortgage after prescribed period unless holder complies with certain conditions respecting record of amount remaining unpaid, 174 A.L.R. 652.   Necessity that mortgage covering oil and gas lease be recorded as real-estate mortgage, and/or filed or recorded as chattel mortgage, 34 A.L.R.2d 902.   Reinstatement and restoration of mortgages released or discharged without authorization, as against subsequent purchasers, lienholders, judgment creditors, and the like, without notice, 35 A.L.R.2d 948.