reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 5 - CONVEYANCE, TRANSFER, AND DESCENT (§§ 44-2-160 — 44-2-176) › Section 44-2-175 - Registering subsequent transfers or voluntary conveyances of land held in trust or otherwise restricted

Whenever a writing or record is filed for the purpose of transferring registered land in trust, or upon any condition or unusual limitation expressed in the instrument, or with power given to sell, encumber, or deal with the land in any manner, no subsequent transfer or voluntary transaction purporting to be exercised under the powers given in the writing, instrument, or record shall be registered on the title register or on the owner's certificate except upon application to the court and an order of direction from the judge to the clerk as to how the subsequent transaction shall be entered.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 5 - CONVEYANCE, TRANSFER, AND DESCENT (§§ 44-2-160 — 44-2-176) › Section 44-2-176 - Duty of tax officer to have delinquent taxes or assessments noted; effect of delinquencies prior to notation; liability of officer

After December 31 of every year, it shall be the duty of every officer charged with the collection of any taxes or assessments charged upon any registered land or any interest therein which have not been paid when due to cause a notation of the fact that those taxes or assessments have not been paid to be entered upon the certificate of title on the title register along with the amount thereof. Unless such notation is made, the delinquent tax or assessment shall not affect any transfer or other dealing with the registered land; but the tax officer failing to perform such duty and his surety shall be liable for the payment of the taxes and assessments, with all lawful penalties and interest thereon, if any loss is occasioned to the state, county, municipality, or other political subdivision on account of such failure.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 6 - ASSURANCE FUND (§§ 44-2-190 — 44-2-197) › Section 44-2-190 - Payment into assurance fund upon original registration; determination of amount

Upon the original registration of any land under this article, there shall be paid to the clerk as an assurance fund one-tenth of 1 percent of the value of the land to be determined by the court. The fund shall be subject to the trusts and conditions set forth in this part for the uses and purposes of this article.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 6 - ASSURANCE FUND (§§ 44-2-190 — 44-2-197) › Section 44-2-191 - Separate account for assurance fund

All money received by the clerk under Code Section
44-2-190
shall be kept in a separate account and paid promptly into the state treasury upon the special trust and condition that such moneys shall be set aside by the state treasurer in trust as a separate fund for the uses and purposes of this article, to be known as the "Land Registration Assurance Fund," which fund is appropriated to the uses and purposes set forth in this article.
Amended by 2010 Ga. Laws 621,§ 3, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 6 - ASSURANCE FUND (§§ 44-2-190 — 44-2-197) › Section 44-2-192 - Investment of fund; application of income; transfer of excess

The moneys collected pursuant to Code Section
44-2-190
, insofar as they are not required to satisfy any judgment certified against the assurance fund under Code Section
44-2-195
, shall be invested by the state treasurer in state bonds or validated county or municipal bonds in trust for the uses and purposes set forth in this article until the fund amounts to the sum of $500,000.00. The income or so much thereof as may be required may be applied towards the payment of the expenses of the administration of this article and the satisfaction of any such judgment. Whenever and so long as the face value of the bonds purchased shall equal the sum of $500,000.00, other money thereafter coming into the fund together with any income not required for the purposes set forth in this Code section shall be transferred from the Land Registration Assurance Fund to the general fund.
Amended by 2010 Ga. Laws 621,§ 3, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 6 - ASSURANCE FUND (§§ 44-2-190 — 44-2-197) › Section 44-2-193 - Action against fund - Limitations; defense by Attorney General; measure of damages; tolling of limitations during disability; notice to unknown persons

(a)
Any person entitled to notice who had no actual notice of any registration under this article depriving him of any estate or interest in land and who is without remedy under this article may, within two years after accrual to him or to some person through whom he claims the right to bring such action, bring an action against the state treasurer in the superior court in the county where such land is located for the recovery out of the assurance fund of any damages to which he may be entitled by reason of any such deprivation. The state treasurer shall be served by the second original of proceedings so filed, which service shall be sufficient.
(b)
The assurance fund shall be defended in such action and in any appeal by the Attorney General. The measure of damages shall be the value of the property at the time the right to bring the action first accrued; and any judgment rendered therefor shall be paid as provided in Code Section
44-2-195
.
(c)
If any person entitled to bring such action shall be under the disability of infancy, insanity, imprisonment, or absence from the state in the service of the state or of the United States at the time the right to bring such action first accrued, the action may be brought by him or his privies within two years after the removal of such disability.
(d)
Notwithstanding subsection (a) of this Code section, all nonresidents of the state and all persons who are described in the proceedings as being unknown, or of unknown address, or as to whom it appears from the record that they could not be found so as to be served shall be considered as having had actual notice when notice has been published in accordance with this article.
Amended by 2010 Ga. Laws 621,§ 4, eff. 7/1/2010.
Amended by 2010 Ga. Laws 621,§ 3, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 6 - ASSURANCE FUND (§§ 44-2-190 — 44-2-197) › Section 44-2-194 - Action against fund - Parties defendant

If an action contemplated by Code Section
44-2-193
is brought to recover for loss or damage arising only through the legal operation of this article, the state treasurer shall be the sole defendant. If the action is brought to recover for loss or damage arising on account of any registration made or procured through fraud, neglect, or wrongful act of any person not exercising a judicial function, both the state treasurer and such person or persons shall be made parties defendant.
Amended by 2010 Ga. Laws 621,§ 4, eff. 7/1/2010.
Amended by 2010 Ga. Laws 621,§ 3, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 6 - ASSURANCE FUND (§§ 44-2-190 — 44-2-197) › Section 44-2-195 - Action against fund - Execution on judgment; payment from fund; liability of other defendants to plaintiff and to fund

If judgment shall be rendered for the plaintiff in any action brought pursuant to Code Section
44-2-193
, execution shall issue against any defendants other than the state treasurer. If such execution is returned unsatisfied in whole or in part or if there are no such defendants, the clerk of the court in which the judgment was rendered shall certify to the state treasurer the amount due on the judgment; and the same shall be paid by the state treasurer out of the assurance fund under the special appropriation made of the fund for such purpose. Any person other than the state treasurer against whom any such judgment may have been rendered shall remain liable therefor or for so much thereof as may be paid out of the assurance fund; and the state treasurer may bring action at any time to enforce the lien of such judgment against such person or his estate for the recovery of the amount, with interest, paid out of the assurance fund.
Amended by 2010 Ga. Laws 621,§ 4, eff. 7/1/2010.
Amended by 2010 Ga. Laws 621,§ 3, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 6 - ASSURANCE FUND (§§ 44-2-190 — 44-2-197) › Section 44-2-196 - Action against fund - How judgments satisfied when fund insufficient; interest

If, at any time, the assurance fund is insufficient to satisfy any judgments certified against it as provided in Code Section
44-2-195
, the unpaid amounts shall bear interest and shall be paid out of any money thereafter coming into the fund in the order in which they were accrued.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 6 - ASSURANCE FUND (§§ 44-2-190 — 44-2-197) › Section 44-2-197 - Liability of fund for registered owner's breach of trust

The assurance fund shall not under any circumstances be liable for any loss, damage, or deprivation occasioned by a breach of trust, whether express, implied, or constructive, on the part of the registered owner of any estate or interest in land.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 7 - FEES (§ 44-2-210) › Section 44-2-210 - Fees under article; deposit and payment of fees; award of costs

(a)
The fees payable under this article to the examiner of titles shall be as follows:
(1)
For examining a title and making a report to the court, an examiner shall receive $1.00 per $1,000.00 or fraction thereof on the value of land, as determined by the court, not to exceed a maximum $100.00, and postage, plus $10.00; and
(2)
In contested cases, for hearing the case and making a report to the court, the judge may, in his discretion, allow additional compensation but in an amount not exceeding the same fee as that allowed an auditor for reporting his findings in equity cases under subsection (a) of Code Section
9-7-22
. The examiner shall not be paid extra for reporting the evidence; but when a stenographer is used by consent of the parties or order of the judge, the stenographer shall be paid his usual fee.
(b)
The following fees shall be collected for the services of the sheriff under this article:
(1)
For ascertaining and reporting to the courts the names and addresses of the persons actually occupying the premises described in the petition, a fee as provided in paragraph (1) of subsection (b) of Code Section
15-16-21
for each separate residence;
(2)
For each service of process and notice required, a fee as provided in paragraph (1) of subsection (b) of Code Section
15-16-21
; and
(3)
For posting a copy of the petition upon the premises, fees as provided in paragraph (6) of subsection (b) of Code Section
15-16-21
.
(c)
For any other services of the clerk, the sheriff, or the surveyor which are not especially provided for in this Code section, a fee shall be fixed by the court to conform with what is usual and lawful for similar services rendered by such officer in ordinary cases.
(d)
Upon filing each application for initial registration, the applicant shall pay to the clerk the fee for civil cases as provided in Code Section
15-6-77
.
(e)
In all contested cases and in all matters referred to the judge for his direction by any of the provisions of this article, the judge shall award the cost of the proceeding accordingly as in his discretion the justice of the case may dictate and, to that end, may assess all the costs against one of the parties or may divide the costs among the parties in such ratio as seems just.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-220 - Power of judges to make general rules and forms for matters under this article; power to modify forms; uniformity of forms

The judges of the superior courts may, from time to time, make general rules and forms for procedure relating to the subjects dealt with in this article and may modify the forms prescribed in this part. Such rules and forms shall be uniform throughout the state and shall be subject to this article and the general laws of this state.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-222 - Process

The following is prescribed as the form of process to be attached to the petition:
IN THE SUPERIOR COURT OF __________________ COUNTY
STATE OF GEORGIA
To the sheriffs of said state and their lawful deputies:
The respondents __________________
and all other persons whom it may concern are required to show cause before said court, on the __________________ day of __________________, __________________, (not less than 40 nor more than 50 days from date of process) why the prayers of the foregoing petition should not be granted, and why the court should not proceed to judgment in such cause.
Witness the Honorable __________________, judge of said court, this the __________________ day of __________________, __________________.
__________________ Clerk
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-223 - Advertisement

The advertisement to be inserted in the newspaper in which sheriff's sales of the county are advertised for four insertions in separate weeks should be substantially in the following form:
IN THE SUPERIOR COURT OF __________________ COUNTY
STATE OF GEORGIA
In re petition
)
Civil action
of__________________
)
File no.__________________
)
To whom it may concern, and to (here insert the names of all respondents, if any, who reside beyond the limits of the state, or whose place of residence is unknown):
Take notice that __________________ has filed in said court a petition seeking to register the following lands under the provisions of the Land Registration Law: (Here describe lands). You are warned to show cause to the contrary, if any you have, before said court on the __________________ day of __________________, __________________.
This __________________ day of __________________, __________________.
__________________ Clerk
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-224 - Acknowledgment of service

Acknowledgment of service may be made in the following form, provided it is entered on the petition or entitled in the action and is signed in the presence of the judge, the clerk, the examiner, or any other person or official authorized by law to administer oaths, take acknowledgments, or act as a notary public or official witness and is attested by such officer:
Due and legal service of the within and foregoing petition for registration is acknowledged. Further service, process, and notice waived, this the __________________ day of __________________, __________________.
__________________
In the presence of __________________.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-225 - Sheriff's return

The sheriff's return should be made substantially in the following form and entered on or attached to the petition:
STATE OF GEORGIA,
__________________ COUNTY
I have served copies of the within petition and process, or of the summons in substitute therefor, upon the following persons at the time and in the manner stated, as follows:
__________________
__________________
__________________
__________________
__________________
I have also gone upon the land and posted in a conspicuous place on the land described herein and upon each separate tract thereof and upon every dwelling house and every building used as a place of business upon said land, a copy of the notice as required by law, and have taken the same into the custody of the court.
The following is the name and post office address of each and every person above the age of 14 years actually occupying the premises:
__________________
__________________
__________________
__________________
This __________________ day of __________________, __________________.
__________________ Sheriff
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-226 - Certificate of mailing; entry of such certificate on petition

The clerk should also enter on the petition a certificate substantially in the following form:
I certify that on the __________________ day of __________________, __________________, I mailed to each of the following persons a copy of the within petition and process to his post office address as disclosed by the record:
__________________
__________________
__________________
and that advertisement has been published in accordance with law, a copy of said advertisement being hereto attached.
This __________________ day of __________________, __________________.
__________________ Clerk
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-227 - Examiner's appointment

A form reading substantially as follows should be used in appointing examiners:
IN THE SUPERIOR COURT OF __________________ COUNTY
STATE OF GEORGIA
In re petition
)
Civil action
of__________________
)
File no.__________________
)
ORDER
__________________, a competent attorney at law, of good standing in his profession and of at least three years' experience, is hereby appointed an auditor in and for the __________________ Judicial Circuit, to discharge the duties of examiner as provided in the Land Registration Law. This appointment is __________________ (either general or for a particular case, as the case may be).
This __________________ day of __________________, __________________.
__________________ Judge, Superior Court
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-228 - Oath of examiner

The examiner is required to take the following oath, to be filed along with the order of his appointment in the office of the clerk of the superior court of his residence:
"I, __________________, do swear that I will faithfully, well, and truly perform the duties of examiner under the Land Registration Law, according to law to the best of my skill and ability.
__________________
Sworn to and subscribed
before me, this __________________, __________________.
__________________"
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-229 - Referral to examiner

Upon the clerk's notifying the judge that a petition has been filed, the judge shall promptly refer the petition to an examiner in substantially the following form:
IN THE SUPERIOR COURT OF __________________ COUNTY
STATE OF GEORGIA
)
In re petition
)
Civil action
of__________________
)
File no.__________________
)
ORDER
Application having been filed to register __________________
__________________ land, it is hereby ordered that this matter be and is referred to __________________, as examiner for proceedings in conformity with the Land Registration Law.
This __________________ day of __________________, __________________.
__________________ Judge
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-230 - Preliminary report of examiner; schedules

The following is suggested as the general form of the preliminary report of an examiner:
IN THE SUPERIOR COURT OF __________________ COUNTY
STATE OF GEORGIA
)
In re petition
)
Civil action
of__________________
)
File no.__________________
)
PRELIMINARY REPORT
Application to register __________________ land having been duly considered, the undersigned, as examiner, makes the following preliminary report:
I have examined all records as required by the Land Registration Law.
I attach an abstract of the title (Schedule A) as shown on the public records and so far as obtainable from other trustworthy sources.
The names and addresses of all persons, so far as I have been able to ascertain, who have any interest in the land, are set out in Schedule B hereto, showing their several apparent or possible interests and indicating upon whom and in what manner service should be made. A like disclosure of all adjoining landowners is set out in Schedule C hereto.
I find the following to be a history of the possession __________________
__________________
Special attention is called to the following matters:
__________________
__________________
This __________________ day of __________________, __________________.
__________________ Examiner
SCHEDULE A
(Attach examiner's full abstract)
SCHEDULE B
Names and addresses of all persons having apparent or possible interests in the land, other than applicants, and indicating upon whom and in what manner further service, if any, should be made __________________
__________________
__________________
SCHEDULE C
Names and addresses of all adjoining owners: __________________
__________________
__________________
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-231 - Final report of examiner

The following is suggested as the general form of the examiner's final report:
IN THE SUPERIOR COURT OF __________________ COUNTY
STATE OF GEORGIA
)
In re petition
)
Civil action
of__________________
)
File no.__________________
)
FINAL REPORT
Application to register __________________
__________________ land having been duly considered, the undersigned, as examiner, makes this his final report:
The preliminary report filed by the undersigned is made a part hereof, and is correct, except as herein otherwise stated. The following proceedings have occurred before the examiner, and accompanying herewith is a brief (or a stenographic) report of the evidence taken on the hearing:
__________________
__________________
In Exhibit __________________, hereto, is a report of the matters ascertained by the independent examination of the examiner.
My conclusions of fact are set forth in Exhibit __________________ hereto annexed.
My conclusions of law are set forth in Exhibit __________________ hereto annexed.
I find the state of the title to be as follows: __________________
__________________
__________________
__________________
__________________
I find that there are liens and encumbrances on the land as follows:
__________________
__________________
__________________
This __________________, __________________.
__________________ Examiner
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-232 - Decrees of title

Decrees of title should be rendered in accordance with the following form:
IN THE SUPERIOR COURT OF __________________ COUNTY
STATE OF GEORGIA
)
In re petition
)
Civil action
of__________________
)
File no.__________________
)
DECREE OF TITLE
The above entitled action coming on to be heard and it appearing to the court that process has been served and notice given and publication made, all in full compliance with the Land Registration Law, and that all the requirements of said Law have been complied with, it is decreed, ordered, and adjudged that the title to the lands involved: (here describe lands) is held and owned as follows:
The fee simple belongs to __________________
__________________
subject to the following limitations and conditions: __________________
__________________
It is further ordered and decreed that said lands be and they are hereby brought under the operation and provisions of the Land Registration Law, and the title of the said __________________in and to the estate herein set forth above is confirmed and ordered registered; subject, however, to the following liens and encumbrances:
__________________
__________________
__________________
and subject also to __________________
__________________
Let this decree be entered on the minutes of this court and on the register of decrees of title of said county.
In open court this __________________ day of __________________, ____________________________________.
__________________ Judge
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-233 - Book of decrees; index

(a)
It is contemplated by this article that the book known as the register of decrees of title shall be made up in the following manner:
(1)
It shall be of such size that each page may contain a full copy of the decree of title;
(2)
Only one decree should be entered on any page;
(3)
Each page should have printed thereon the form of the decree of title as prescribed in Code Section
44-2-232
with ample spacing left in the blanks;
(4)
At the bottom of the page should be the words:
"Entered and registered this __________________ day of __________________, __________________, at __________________: __________________ __________________. M. and certificate of title No. __________________ issued thereon.
__________________
Clerk"
and
(5)
At the top of the page and preceding the copy of the decree should be the words, "Registered Title No. __________________." The first decree entered is numbered "Registered Title No. 1," the second "Registered Title No. 2," and so on in continuous, consecutive order. The registered title number of a registered tract never changes though any number of subsequent certificates may be issued thereon; therefore, the registered title number and the certificate number will usually be different.
(b)
Even though several separate tracts may be joined in the same application, the judge should render separate decrees as to each tract; and these decrees should be separately entered and given separate registered title numbers. Every certificate of title, owner's certificate, and creditor's certificate must carry on it, in addition to its own certificate number, the registered title number of the decree under which the tract to which it pertains was registered.
(c)
A part of the register of decrees of title shall be an alphabetical index thereto which the clerk shall carefully keep. Whenever a decree is entered on the register of decrees of title, the clerk shall immediately index it in the name of the person in whose favor the title is registered under proper alphabetical head, the name being followed by the registered title number. If the decree is in favor of more than one person, it shall be separately indexed under the name of each and every one of them, the name of each of said persons being shown under the proper alphabetical head.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-234 - Title register book; registered title number; index of title register

(a)
It is contemplated by this article that the title register shall be a well-bound book with pages not less than 18 inches wide. It shall be labeled on the back with the words "Title Register" followed by the name of the county. For convenience, additional labels may be used in order to show what certificates are included, for example, "Certificates 1501-2000, inclusive," or other similar information. It shall be printed and ruled in substantially the following form:
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(b)
The two pages facing each other on the register shall constitute the original certificate of title when the blanks are duly filled in and signed by the clerk. The first certificate of title in the book should be numbered "Certificate No. 1," the next one "Certificate No. 2," and so on, in continuous, consecutive order. If a new book is opened, the numbering therein should begin with the number next succeeding the last number in the book just completed.
(c)
In registering a certificate of title, in addition to the certificate number, the registered title number should also be inserted. The registered title number is always the same as that which appears on the decree of title, by virtue of which the land to which the certificate relates was originally registered. Therefore, every certificate of title registered in the title register shall bear a different certificate number from every other certificate of title registered therein; but all certificates of title which refer to the same registered tract, no matter how many such certificates may be issued in the course of time, shall bear the same registered title number.
(d)
The clerk shall keep an alphabetical index of the title register. This may most conveniently be kept in a separate book. Whenever a certificate of title is entered in the title register, the clerk shall insert in the index, under proper alphabetical head, the name of the person in whose favor the certificate is registered, the reference to the certificate number, and the reference to the registered title number. Whenever a certificate is entered in the name of more than one person, the name of each shall be likewise alphabetically indexed.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-235 - Duty of clerk to enter on new certificate all entries and notations of record

When registering a certificate of title upon a transfer, the clerk shall bring forward and appropriately enter on the new certificate of title all entries and notations appearing on the certificate from which the transfer is made, except such as shall have been canceled. In transcribing entries brought forward, the clerk will note under the column headed "Remarks" against such entries the words "Brought forward."
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-236 - Certified copies of certificates of title or entries thereon

Upon request of any person and the payment of lawful fees, the clerk shall issue a certified copy of any certificate of title or of any entry thereon in like manner as he may issue certified copies of any other public record in his office; but, whenever he does so, he shall plainly mark in large legible letters across the face of the certificate the word "copy." If a certified copy of a canceled certificate or entry is made, in addition to transcribing a copy of the entry of cancellation, the clerk shall also plainly mark the words "canceled certificate" or "canceled entry," as the case may be, across the face of the copy.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-237 - Recordation and notation of plat

Whenever a plat of the premises which is too large or too intricate for easy transcription on the register of decrees of title or on the certificate of title is a part of the description of the lands or is used to aid description, it shall not be necessary for the clerk to copy such plat on the register of decrees of title or on the certificate of title. In lieu of copying such plat, the clerk shall record it and shall note a reference to the book and page where recorded.
Amended by 2016 Ga. Laws 351,§ 8, eff. 1/1/2017.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-238 - Recordation of lengthy description - Reference on title register; effect

Whenever, in the registering of any certificate of title or any notation or entry on the title register, it is found that the description of the premises or the portion thereof involved or any other detail in connection with the transaction is too lengthy to be transcribed in full in the proper space on the register, it shall be permissible to record the instrument, document, or writing in which such lengthy detail or description is contained on some public record book of the county and, instead of setting forth the description or other detail, as the case may be, in extenso on the title register, to state it in general terms with the reference for further particulars to the public record where recorded as follows: "For further detail, see Deed Book __________________, page __________________." Such registration shall be adequate to all intents and purposes, and the record thus made on the public record shall be considered as a part of the certificate of title contained on the title register.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-239 - Recordation of lengthy description - Notation on owner's or creditor's certificate; attaching certified copy; fee

Whenever any of the description or details of a certificate of title on the title register are set out in full in some other record of the clerk's office with reference thereto on the title register as provided in Code Section
44-2-238
, like reference shall be made on the owner's certificate and on the creditor's certificate when thereafter issued; but, if the holder of the owner's certificate or creditor's certificate shall so require, the clerk shall make a full and complete copy of the record to which reference is made, certify it as such, and attach it to the owner's certificate or the creditor's certificate, as the case may be. For making and certifying such copy of the recorded document or writing and attaching it to the owner's certificate or creditor's certificate, as the case may be, the clerk shall be paid as provided for in paragraphs (4) and (5) of subsection (g) of Code Section
15-6-77
, relating to the certification of records.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-240 - Owner's certificate of title

(a)
The form of the owner's certificate of title shall correspond in general with the certificate of title form except that it shall be headed with the words "Owner's Certificate of Title." It is suggested that it be prepared on paper of suitable size which shall be folded into four pages. The first page shall contain the certificate proper omitting the notations and special entries. The inner pages, pages 2 and 3, shall be ruled and written or printed, preferably the latter, in conformity with the form shown in Code Section
44-2-234
for the printing and ruling of the title register for the entry of transfers, liens, encumbrances, creditors' certificates, and other like matters, these two pages being treated for this purpose as a single sheet so that ample space will thereby be given for the crosswise extension of the entries. The back, or fourth, page shall be endorsed as follows:
OWNER'S CERTIFICATE OF TITLE
Registered Title No. __________________Certificate No. __________________Issued to ____________________________________
Georgia, __________________ County
Entered and Registered (in lieu of certificate No. __________________, which has been canceled).
This the __________________ day of __________________, __________________, at __________________:__________________ __________________. M.
__________________
Clerk, Superior Court
(b)
In case of the first issuance of the owner's certificate on the granting of a decree of registration, the words shown in parenthesis in the endorsement should be omitted.
(c)
It is suggested that convenience will be served by folding the certificate in the manner of folding documents written on legal cap or foolscap paper and by writing or printing the endorsement in the style and manner in which similar endorsements are usually put on legal documents. When printed blanks are prepared for use in this connection, it is also suggested that a blank form of transfer be printed on part of the fourth page other than that part used for the endorsement. However, space should be left on the fourth page for such entries as the clerk may be required to make, from time to time, under this article such as certifying that the certificate is valid with all entries noted to date.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-242 - Creditor's certificate; endorsement of certificate

(a)
The following is a form of the creditor's certificate referred to in this article:
CREDITOR'S CERTIFICATE
State of Georgia, __________________ County:
Registered Title No. __________________
Certificate No. __________________
I hereby certify that the title to the estate hereinafter mentioned in the following described land lying in said county, __________________ __________________ is registered under the provisions of the Land Registration Law and thereby vested in __________________ as security for a debt created by the holder of the owner's certificate of title to said estate, (here insert name of the holder of the owner's certificate); said debt being particularly described as follows: ____________________________________ with power conferred to sell the same after lawful advertisement, without foreclosure, in accordance with the provisions of the Land Registration Law, if any part of said debt is not paid at maturity. The estate in said land so held is as follows:____________________________________ subject to the following limitations, conditions, encumbrances, etc.,__________________ and such other as may be noted hereon.
Witness my hand and seal of office, this __________________ day of __________________, __________________, at __________________:__________________ __________________. M.
__________________
Clerk, Superior Court,__________________
(Official Seal)
County
(b)
All uncanceled entries appearing on the certificate of title at the time the creditor's certificate is issued shall be noted and entered on the creditor's certificate.
(c)
The creditor's certificate shall bear an endorsement on its back in the following form:
CREDITOR'S CERTIFICATE
Registered Title No. __________________
Certificate No. __________________
On lands registered in the name of __________________ Issued to __________________ Georgia, __________________County.
Entered and registered this __________________ day of __________________, __________________, at __________________:__________________ __________________. M.
__________________
Clerk, Superior Court
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-243 - Transfer of portion or undivided interest to secure debt

Where only a portion of the registered land or only an undivided interest is transferred to secure a debt, the instrument of transfer and the creditor's certificate may be in the same form as those prescribed in Code Sections
44-2-241
and
44-2-242
with the exception that the portion or the undivided interest shall be distinctly stated.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-244 - Judge's order of transfer

(a)
Where the judge orders a transfer to be made under any of the provisions of this article, the judge's order of transfer shall be in the following form unless the exigencies of the case require a different form:
IN THE SUPERIOR COURT OF __________________ COUNTY STATE OF GEORGIA
)
In re petition
)
Civil action
of __________________
)
File no. __________________
)
JUDGE'S ORDER OF TRANSFER
For good cause shown to the court, the clerk is directed to cancel the Certificate of Title No. __________________, Registered Title No. __________________, standing in the name of __________________ on the title register and to register a certificate of title in lieu thereof, as follows: in accordance with the decree of court rendered in the action of __________________ v. __________________ in __________________ court; and transfer of title is accordingly ordered. You will enter this transfer upon the title register, noting upon the same a reference to the book and page upon which the above-recited order or decree may be found.
This order of transfer shall be effective upon the presentation of the outstanding owner's certificate, which you will cancel. * __________________
____________________________________
This __________________ day of __________________, __________________.
__________________
Judge
(*If the court has not been able to require the production of the outstanding owner's certificate, the judge shall erase this sentence from the order and substitute in the blank space below it the following: "You will cause notice to be published, in accordance with the law, that the certificate is canceled.")
(b)
If the exigencies of the case require a variation from the above prescribed form, the clerk shall also record the judge's order on the minutes of the court and, under the appropriate heading in the entry of transfer on the title register, write the words "Special, See Minute Book __________________, page __________________." If the judge's order of transfer is made without obtaining production of the outstanding owner's certificate, the clerk, in entering the transfer, shall, under the heading "Remarks," write "Owner's certificate not produced, but canceled by publication."
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-245 - Registration and recordation of mortgages

(a)
The regular form of mortgaging shall be as follows:
The undersigned __________________ to
secure the following indebtedness __________________
__________________
__________________
mortgages to __________________
the estate, title, and interest of the undersigned in and to all of the tracts of land described in the certificate of title No. __________________, herewith shown, registered as Registered Title No. __________________ in the office of the clerk of the Superior Court of __________________ County, Georgia.
__________________
This __________________ day of __________________, __________________.
Signed, sealed, and delivered, in the presence of:
__________________
__________________
__________________
(b)
If only a part or undivided interest is mortgaged, the word "all" shall be stricken and a particular description of the portion or interest mortgaged shall be inserted.
(c)
Mortgages executed pursuant to this Code section may be registered as regular instruments as provided in this article. Mortgages in other forms and with other provisions may be registered but shall also be recorded in accordance with the provisions of this article regulating the registration of irregular instruments.