reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 1 - IN GENERAL (§§ 44-14-1 — 44-14-15) › Section 44-14-12 - Deceiving as to existence of lien; making second deed of conveyance; penalty

Any person who defrauds another in the sale or disposition of any property, either real or personal, by falsely representing that the property is not subject to any lien while knowing that the property is subject to a lien or any person who fraudulently makes a second deed of conveyance to any land or real estate shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 2 - MORTGAGES (§§ 44-14-30 — 44-14-49) › Section 44-14-30 - Mortgage as security only; effect on title

A mortgage in this state is only security for a debt and passes no title.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 2 - MORTGAGES (§§ 44-14-30 — 44-14-49) › Section 44-14-31 - Form and contents of mortgage

No particular form is necessary to constitute a mortgage. However, a mortgage must clearly indicate the creation of a lien and must specify the debt for which it is given and the property upon which it is to take effect.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 2 - MORTGAGES (§§ 44-14-30 — 44-14-49) › Section 44-14-32 - Use of parol evidence to prove apparent deed a mortgage

A deed or bill of sale which is absolute on its face and which is accompanied with possession of the property shall not be proved, at the instance of the parties, by parol evidence to be a mortgage only unless fraud in its procurement is the issue to be tried.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 2 - MORTGAGES (§§ 44-14-30 — 44-14-49) › Section 44-14-33 - Attestation or acknowledgment of mortgage; additional witness in case of land; constructive notice

In order to admit a mortgage to record, it shall be signed by the maker, attested by an officer as provided in Code Section
44-2-15
, and attested by one other witness. In the absence of fraud, if a mortgage is duly signed, witnessed, filed, recorded, and indexed on the appropriate county land records, such recordation shall be deemed constructive notice to subsequent bona fide purchasers.
Amended by 2015 Ga. Laws 145,§ 3, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 2 - MORTGAGES (§§ 44-14-30 — 44-14-49) › Section 44-14-34 - Signing of mortgages executed outside state

When executed outside this state, mortgages shall be signed by the maker, attested by an officer as provided in Code Section
44-2-15
, and attested by one other witness.
Amended by 2015 Ga. Laws 145,§ 4, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 2 - MORTGAGES (§§ 44-14-30 — 44-14-49) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 2 - MORTGAGES (§§ 44-14-30 — 44-14-49) › Section 44-14-35.1 - Property covered by mortgage or bill of sale to secure debt; mortgage or bill given to secure bond issue

A mortgage or bill of sale to secure debt may embrace all property in possession, or to which the mortgagor or grantor has the right of possession at the time. A mortgage or bill of sale to secure debt given by a person or a corporation to a trustee or trustees to secure an issue of bonds shall, when it is expressly so stipulated therein, embrace, cover, and convey title to after-acquired property of such person or corporation. Provided, however, any public utility company, whether or not incorporated, including, without limitation, any corporation organized under or governed by the provisions of Article 4 of Chapter 3 of Title 46, may by mortgage, bill of sale to secure debt, deed to secure debt, or deed of trust, embrace, cover, convey, pledge, and encumber after-acquired property of such company, wherever located, when the instrument expressly so stipulates therein; and any such instrument when recorded as provided by law shall constitute notice from the time it is filed for record and shall have priority (subject to purchase money encumbrances) as against the interests of third parties with respect to after-acquired property from the time such property is acquired.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 2 - MORTGAGES (§§ 44-14-30 — 44-14-49) › Section 44-14-36 - Registry of mortgages on property of railroads and other utilities

(a)
A mortgage, deed to secure debt, indenture, deed of trust, or other security agreement or any supplement or amendment thereto relating to real property made by a railroad corporation, electric or gas corporation, other public utility corporation, or any corporation or other entities engaged in the furnishing of telephone service or the production, transmission, or distribution of electricity or made by any receivers, trustees, or other legal officers in possession of or operating any such corporation or other entity shall be recorded on the real property records in the office of the clerk of the superior court in each county in this state in which any of the property is located. Any such security agreement or any supplement or amendment thereto shall be valid only from the time it is filed for record against subsequent creditors, grantees, purchasers, and mortgagees acting in good faith and without notice. Such instruments need not otherwise be filed or refiled except as may be provided by Chapter 3 of Title 40. To the extent that any mortgage, deed to secure debt, indenture, deed of trust, or other security agreement or any supplement or amendment thereto executed before April 8, 1968, has been filed or recorded as provided in this Code section, it need not be refiled or rerecorded under this Code section; and nothing in this Code section shall be deemed to impair the lien or effect of any such instrument executed prior to April 8, 1968, which instrument has been recorded or filed in accordance with the laws of this state applicable thereto prior to April 8, 1968.
(b)
A security interest relating to fixtures and personal property of such a corporation shall be perfected as provided in Code Sections
11-9-501
through
11-9-504
. Any such prior filing or recording that has been entered on the Uniform Commercial Code index for secured transactions, where no notice of conflict of lien or notice of creditor priority has been given, shall be valid and any such instruments need not otherwise be refiled, rerecorded, or reindexed.
Amended by 2001 Ga. Laws 191, § 34, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 2 - MORTGAGES (§§ 44-14-30 — 44-14-49) › Section 44-14-37 - [Repealed] Effect of failure to record

Amended by 2015 Ga. Laws 145,§ 5, eff. 7/1/2015.
Reserved. Repealed by Ga. L. 2015, p. 937, § 5/HB 322, effective July 1, 2015.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 2 - MORTGAGES (§§ 44-14-30 — 44-14-49) › Section 44-14-38 - [Repealed] Admission of mortgages into evidence

Repealed by 2011 Ga. Laws 52,§ 84, eff. 1/1/2013.
Reserved. Repealed by Ga. L. 2011, p. 99, § 84/HB 24, effective January 1, 2013.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 2 - MORTGAGES (§§ 44-14-30 — 44-14-49) › Section 44-14-39 - Effect of defective record as notice

A mortgage which is recorded in an improper office or without due attestation or probate or which is so defectively recorded as not to give notice to a prudent inquirer shall not be held to be notice to subsequent bona fide purchasers. A mere formal mistake in the record shall not vitiate it.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 2 - MORTGAGES (§§ 44-14-30 — 44-14-49) › Section 44-14-40 - Probate of mortgages

All the rules prescribed for the probate of deeds to land when the witnesses are dead, insane, or removed from the state and all the rules prescribed for the acknowledgment before or attestation by consuls or commissioners shall apply to the probate of mortgages.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 2 - MORTGAGES (§§ 44-14-30 — 44-14-49) › Section 44-14-41 - Tacking of mortgages

There shall be no tacking of mortgages.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 2 - MORTGAGES (§§ 44-14-30 — 44-14-49) › Section 44-14-42 - Mortgages to sureties and guarantors

Mortgages may be taken by sureties and guarantors to indemnify them against loss.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 2 - MORTGAGES (§§ 44-14-30 — 44-14-49) › Section 44-14-42.1 - Redemption of property by mortgagor

If the possession of real property shall be given to the mortgagee, the mortgagor may redeem at any time within ten years from the last recognition by the mortgagee of such right of redemption.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 2 - MORTGAGES (§§ 44-14-30 — 44-14-49) › Section 44-14-43 - Foreclosure of mortgage after note barred by limitations

The fact that a note or other evidence of debt is barred does not prevent a creditor from thereafter availing himself of the mortgage or other security unless the mortgage or other security itself is barred.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 2 - MORTGAGES (§§ 44-14-30 — 44-14-49) › Section 44-14-44 - Sale of mortgaged land under other process; claiming proceeds of sale

Subject to the lien of the mortgage, mortgaged property may be sold under other process. If the mortgage is foreclosed, the mortgagee may place his execution in the hands of the officer making the sale, may cause the unencumbered title to be sold, and may claim the proceeds according to the date of his lien.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 2 - MORTGAGES (§§ 44-14-30 — 44-14-49) › Section 44-14-45 - Forthcoming bond by purchaser of mortgaged personalty; affidavit of mortgagee

Purchasers at public sales of personal property subject to the lien of a mortgage shall give bond and security in double the value of the property to the officer making the sale and conditioned not to remove the property from the state and for its forthcoming answer to the lien; provided, however, that prior to the sale the mortgagee or his or her agent shall file with the officer an affidavit stating the amount due on the mortgage and that he or she expects the loss of the property unless the bond is taken. On failure to give the bond, the property shall be resold at the risk of the purchaser.
Amended by 2002 Ga. Laws 462, § 44, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 2 - MORTGAGES (§§ 44-14-30 — 44-14-49) › Section 44-14-46 - When mortgage fi. fa. may claim proceeds of sale

If other writs of fieri facias are levied on mortgaged property and the property is sold, the mortgage fi. fa. may nevertheless claim the proceeds of the sale if its lien is superior.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 2 - MORTGAGES (§§ 44-14-30 — 44-14-49) › Section 44-14-47 - Sale of mortgaged property without foreclosure and claim by mortgagee

If a mortgage on realty or personalty is not foreclosed and the equity of redemption is levied on by other writs of fieri facias by consent of the mortgagor and mortgagee and the plaintiff in the fi. fa. levied, the entire estate may be sold and the mortgagee may claim under his lien in the same manner as if his mortgage were foreclosed.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 2 - MORTGAGES (§§ 44-14-30 — 44-14-49) › Section 44-14-48 - Foreclosure by one of several mortgagees; control and distribution of proceeds by court

If there are several mortgages of equal rank or if separate amounts due to distinct persons are embraced in the same mortgage and one mortgagee forecloses, the court will control the proceeds of the sale for distribution to the several mortgagees according to their claims.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 2 - MORTGAGES (§§ 44-14-30 — 44-14-49) › Section 44-14-49 - Right of holder of mortgage to foreclose in equity

The holder of any mortgage of real or personal property or both, whether as original mortgagee or as executor, administrator, or assignee of the original mortgagee, may foreclose the mortgage in equity according to the practice of the courts in equitable proceedings as well as by the methods prescribed in this chapter.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 3 - CONVEYANCES TO SECURE DEBT AND BILLS OF SALE (§§ 44-14-60 — 44-14-85) › Part 1 - IN GENERAL (§§ 44-14-60 — 44-14-67) › Section 44-14-60 - Deed to secure debt as absolute deed; necessity of bond of title or to reconvey

Whenever any person in this state conveys any real property by deed to secure any debt to any person loaning or advancing the grantor any money or to secure any other debt and takes a bond for title back to the grantor upon the payment of the debt or debts or in like manner conveys any personal property by bill of sale and takes an obligation binding the person to whom the property is conveyed to reconvey the property upon the payment of the debt or debts, the conveyance of real or personal property shall pass the title of the property to the grantee until the debt or debts which the conveyance was made to secure shall be fully paid. Such conveyance shall be held by the courts to be an absolute conveyance, with the right reserved by the grantor to have the property reconveyed to him upon the payment of the debt or debts intended to be secured agreeably to the terms of the contract, and shall not be held to be a mortgage. No bond for title or to reconvey shall be necessary where the deed shows upon its face that it is given to secure a debt.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 3 - CONVEYANCES TO SECURE DEBT AND BILLS OF SALE (§§ 44-14-60 — 44-14-85) › Part 1 - IN GENERAL (§§ 44-14-60 — 44-14-67) › Section 44-14-61 - Signing of deeds to secure debt and bills of sale

In order to admit deeds to secure debt or bills of sale to secure debt to record, they shall be signed by the maker, attested by an officer as provided in Code Section
44-2-15
, and attested by one other witness.
Amended by 2015 Ga. Laws 145,§ 6, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 3 - CONVEYANCES TO SECURE DEBT AND BILLS OF SALE (§§ 44-14-60 — 44-14-85) › Part 1 - IN GENERAL (§§ 44-14-60 — 44-14-67) › Section 44-14-62 - Out-of-state deeds to secure debt and bills of sale

When executed outside this state, deeds to secure debt and bills of sale to secure debt shall be signed by the maker, attested by an officer as provided in Code Section
44-2-15
, and attested by one other witness.
Amended by 2015 Ga. Laws 145,§ 7, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 3 - CONVEYANCES TO SECURE DEBT AND BILLS OF SALE (§§ 44-14-60 — 44-14-85) › Part 1 - IN GENERAL (§§ 44-14-60 — 44-14-67) › Section 44-14-63 - Recording of deeds to secure debt and bills of sale to secure debt; effect of failure to record

(a)
Every deed to secure debt shall be recorded in the county where the land conveyed is located. Every bill of sale to secure debt shall be recorded in the county where the maker, if a resident of this state, resided at the time of its execution and, if a nonresident, in the county where the personalty conveyed is located. Deeds to secure debt or bills of sale to secure debt not recorded shall remain valid against the persons executing them.
(b)
A deed to secure debt shall not be recorded unless it includes the following information on the first page:
(1)
The date of the document;
(2)
The names of the signatories of the document;
(3)
The grantee's mailing address;
(4)
Map and parcel identification information, if applicable;
(5)
The original loan amount or the amount of any outstanding principal and additional advance pursuant to a loan modification;
(6)
The initial maturity date or dates for such debt;
(7)
The amount, if any, of the intangible recording tax imposed on such deed to secure debt;
(8)
The amount, if any, of the intangible recording tax imposed for an additional advance pursuant to a security deed modification agreement or other additional advance secured by a security deed; and
(9)
If no intangible tax is imposed, a citation to the authority providing for an exemption of such tax.
(c)
Failure to comply with this Code section shall not be a defense to any foreclosure or grounds to set aside any foreclosure of any deed to secure debt.
Amended by 2022 Ga. Laws 754,§ 2, eff. 7/1/2023.
Amended by 2015 Ga. Laws 145,§ 8, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 3 - CONVEYANCES TO SECURE DEBT AND BILLS OF SALE (§§ 44-14-60 — 44-14-85) › Part 1 - IN GENERAL (§§ 44-14-60 — 44-14-67) › Section 44-14-65 - [Repealed] Fees for transfer of real property covered by deed to secure debt

Reserved. Repealed by Ga. L. 1984, p. 132, § 1, effective February 3, 1984.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 3 - CONVEYANCES TO SECURE DEBT AND BILLS OF SALE (§§ 44-14-60 — 44-14-85) › Part 1 - IN GENERAL (§§ 44-14-60 — 44-14-67) › Section 44-14-66 - Effect of liens against grantee on grantor's right to reconvey; effect of reconveyance in event of grantor's prior death

The grantor's right to a reconveyance of the property upon complying with the contract shall not be affected by any liens, encumbrances, or rights which would otherwise attach to the property by virtue of the title being in the grantee; but the right of the grantor to a reconveyance shall be absolute and permanent upon his complying with his contract with the grantee according to the terms. In the event of the prior death of the grantor, such a reconveyance shall be valid and effective to vest title in the heirs, personal representatives, or successors in title of the deceased grantor as their interests may appear.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 3 - CONVEYANCES TO SECURE DEBT AND BILLS OF SALE (§§ 44-14-60 — 44-14-85) › Part 1 - IN GENERAL (§§ 44-14-60 — 44-14-67) › Section 44-14-67 - Cancellation of deed as reconveyance of title

(a)
In all cases where property is conveyed to secure a debt, the surrender and cancellation of the deed, in the same manner as mortgages are canceled, on payment of the debt to any person legally authorized to receive the same, shall operate to reconvey the title of the property to the grantor or the grantor's heirs, executors, administrators, or assigns.
(b)
In the case of a deed to secure debt which applies to real property, in order to authorize the clerk of superior court to show the original instrument as canceled of record, there shall be presented for recording:
(1)
A cancellation upon the original security deed itself;
(2)
A conveyance from the record holder of the security deed, which conveyance is in the form of a quitclaim deed or other form of deed suitable for recording and which refers to the original security deed; or
(3)
A cancellation as provided in subsection (c) of this Code section.
Any clerk of superior court who cancels of record any deed to secure debt in the manner authorized in this subsection shall be immune from any civil liability, either in such clerk's official capacity or personally, for so canceling of record such security deed.
(c)
Cancellation of a security deed, the original of which has been lost, stolen, or otherwise mislaid, may be made based upon a document executed by the owner of the security interest and who so swears in such document, which document shall be recorded and shall be in substantially the following form:
"__________________ County, Georgia
The indebtedness referred to in that certain deed to secure debt from __________________ to __________________, dated __________________, and of record in Deed Book __________________, Page __________________, in the office of the clerk of the Superior Court of __________________ County, Georgia, having been paid in full and the undersigned being the present owner of such secured interest by virtue of being the original grantee or the heir, assign, transferee, or devisee of the original grantee, the clerk of such superior court is authorized and directed to cancel that deed of record as provided in Code Section
44-14-4
of the O.C.G.A. for other mortgage cancellations.
In witness whereof, the undersigned has set his or her hand and seal, this __________________ day of __________________, __________________.
__________________ (SEAL)
Signature
Signed, sealed, and deliveredon the date above shown
__________________
Unofficial Witness
__________________
Notary Public
(SEAL)
My commission expires: __________________"
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 3 - CONVEYANCES TO SECURE DEBT AND BILLS OF SALE (§§ 44-14-60 — 44-14-85) › Part 2 - REVERSION (§§ 44-14-80 — 44-14-85) › Section 44-14-81 - When power of sale barred

Powers of sale in the conveyances of real property to secure debt shall not be exercised after an action to foreclose the instrument is barred. A sale or conveyance under power in such instrument after an action to foreclose the instrument is barred shall be absolutely void and not merely voidable.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 3 - CONVEYANCES TO SECURE DEBT AND BILLS OF SALE (§§ 44-14-60 — 44-14-85) › Part 2 - REVERSION (§§ 44-14-80 — 44-14-85) › Section 44-14-82 - When action to recover barred

No action shall be brought to recover property under a conveyance of real property to secure debt when an action to foreclose and the exercise of power of sale are barred.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 3 - CONVEYANCES TO SECURE DEBT AND BILLS OF SALE (§§ 44-14-60 — 44-14-85) › Part 2 - REVERSION (§§ 44-14-80 — 44-14-85) › Section 44-14-83 - Actions to foreclose and exercise of powers of sale after reversion

No action to foreclose and no action to recover property under a conveyance of real property to secure debt shall be commenced and no power contained in or conferred by a conveyance of real property to secure debt shall be exercised after the title thereby conveyed has reverted as provided in this part.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 3 - CONVEYANCES TO SECURE DEBT AND BILLS OF SALE (§§ 44-14-60 — 44-14-85) › Part 2 - REVERSION (§§ 44-14-80 — 44-14-85) › Section 44-14-84 - Effect of grantor relinquishing possession in settlement of debt

This part shall not apply in those cases where the grantor or his successors in possession have surrendered possession of the property described in the deed to secure debt to the grantee or his successors in title in settlement of the indebtedness.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 3 - CONVEYANCES TO SECURE DEBT AND BILLS OF SALE (§§ 44-14-60 — 44-14-85) › Part 2 - REVERSION (§§ 44-14-80 — 44-14-85) › Section 44-14-85 - Withdrawal of foreclosure proceedings after acceleration of maturity of indebtedness; effect on running of statute of limitations; rescission of acceleration

(a)
The acceleration of the maturity of an indebtedness which is evidenced by a note or otherwise and secured by a deed to secure debt conveying real property and the commencement of foreclosure proceedings by the advertisement of a sale under the power contained in the deed or by an action shall not commence the running of the statute of limitations against the exercise of any right, power, or privilege authorized in the deed or the evidence of the indebtedness secured thereby or the right to bring an action to enforce any provision of the deed or to collect the indebtedness secured thereby if the foreclosure proceedings are withdrawn prior to their completion by sale or otherwise. Such withdrawal shall operate to rescind the acceleration of the maturity of the indebtedness and to reinstate the indebtedness upon the terms and conditions existing prior to the acceleration. Such withdrawal shall not prejudice the right of the holder of the indebtedness and deed securing same to exercise any and all rights to accelerate the maturity of the indebtedness and to exercise any right or power contained in the deed or the evidence of the indebtedness secured thereby or conferred by law should a subsequent default occur.
(b)
Nothing contained in subsection (a) of this Code section shall prevent, restrict, or otherwise impair the exercise of any other right or privilege conferred by law; but the rights contained in subsection (a) of this Code section shall be cumulative and in addition thereto.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 4 - SECURITY AGREEMENTS RELATING TO CROPS (§§ 44-14-100 — 44-14-101) › Section 44-14-100 - Tree growing and fruit producing as agricultural pursuits; gum producers as farmers

(a)
The planting, growing, cultivating, harvesting, and marketing of trees and the fruits and products thereof shall be considered and treated under the laws of this state as an agricultural pursuit.
(b)
Every original producer or manufacturer of crude gum, oleoresin, from which is derived or may be derived gum spirits of turpentine and gum resin, and his or her employees are declared to be, for all intents and purposes, farmers insofar as any law of this state relates to farming and farmers.
Amended by 2001 Ga. Laws 191, § 35, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 4 - SECURITY AGREEMENTS RELATING TO CROPS (§§ 44-14-100 — 44-14-101) › Section 44-14-101 - Crops as personalty

All matured or unmatured crops are declared to be personalty.
Amended by 2001 Ga. Laws 191, § 35, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 5 - TRUST DEEDS (§§ 44-14-120 — 44-14-126) › Section 44-14-120 - Enforcement of rights; petition; order

Whenever any person has conveyed real property in this state by a deed to a trustee to secure the payment of a note or notes, bonds, or other debt owing to one or more persons, the rights of the trustee named in the deed or his successor in estate, as well as the rights of the holders or owners of the notes or other debts in the real property, may be enforced in the following manner:
(1)
The trustee named in the deed or his successor in estate entitled to enforce the deed may, upon the request of the holders or owners of at least two-thirds of the indebtedness thereby secured but not otherwise, petition the superior court of the county of the residence of the maker of the deed or, if there is more than one maker, the superior court of the county of the residence of either or, if the maker or makers are nonresidents of the state, the superior court of the county wherein the land or any part thereof conveyed by the deed is located or the city court, if any, in the county having jurisdiction of the amount claimed in the petition. The petition shall contain a statement of the case, the amounts demanded, and a description of the property covered by the deed to secure such demands; and
(2)
Upon the petition being filed, the court shall grant an order directing the sums demanded in the petition, together with interest and costs, to be paid into the court on or before the first day of the next term immediately succeeding the one at which the order is granted, which order shall be published once a week for four weeks in some newspaper generally circulated in the county or shall be served on the maker of the deed or his special agent or attorney at least 20 days prior to the time at which the money is directed to be paid into the court.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 5 - TRUST DEEDS (§§ 44-14-120 — 44-14-126) › Section 44-14-121 - Defense by maker; when and how made; affidavit

When an order for the payment of the sums demanded in the petition has been granted and published or served as provided in Code Section
44-14-120
, the maker of the deed sought to be enforced or his special agent or attorney may appear on or before the first day of the term of the court at which the money is directed to be paid and file his objection to the enforcement of the deed and may set up and avail himself of any defense which he might lawfully set up in an ordinary action on the debts or demands secured by the deed and which defense shows that the petitioner is not entitled to enforce the demands or debts or that the amounts claimed are not due; provided, however, the facts of the defense shall be verified by the affidavit of the maker of the deed or his special agent or attorney at the time of filing the defense.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 5 - TRUST DEEDS (§§ 44-14-120 — 44-14-126) › Section 44-14-122 - Action against maker's personal representative

When the maker of the deed is dead, the proceedings to enforce the deed may be instituted against his executor or administrator.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 5 - TRUST DEEDS (§§ 44-14-120 — 44-14-126) › Section 44-14-123 - Trial of issues

When proceedings to enforce a deed of trust are instituted and a defense is set up thereto as provided in Code Section
44-14-121
, the issues thus raised shall be tried as other issues are tried in the court in which the proceedings were instituted.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 5 - TRUST DEEDS (§§ 44-14-120 — 44-14-126) › Section 44-14-124 - Judgment; lien thereof; levy and sale of the land

When the maker of the deed, after being directed so to do, fails to pay the sums demanded in the petition together with interest and costs as required by Code Section
44-14-120
and also fails to set up and sustain his or her defense against the enforcement of the rights of the trustee and the holders or owners of the bonds, notes, or debts secured by the deed, the court shall give judgment for the amounts which may be due under the deed to be levied on the real property covered thereby. Upon the trustees making and recording a deed reconveying the real property to the maker in the office of the clerk of the superior court of the county where the land is located, the court shall order the real property to be sold in the same manner and under the same regulations which govern sheriff's sales under execution; provided, however, that, if the deed is filed and recorded as provided by law, the judgment shall be a lien upon the real property which shall be superior to any claim or lien, except taxes, whatsoever arising or created subsequent to the date of the deed to the trustee.
Amended by 2002 Ga. Laws 462, § 44, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 5 - TRUST DEEDS (§§ 44-14-120 — 44-14-126) › Section 44-14-125 - Disposition of proceeds of sale; surplus

The money arising from the sale of the property shall be paid to the trustee unless claimed by some other lien which by law may have priority over the deed; and, when there is any surplus after paying the sums due under the deed and other liens, the surplus shall be paid to the maker of the deed or his agent.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 5 - TRUST DEEDS (§§ 44-14-120 — 44-14-126) › Section 44-14-126 - Debt due in installments; treatment of surplus

If the deed is given to secure debts due by installments and is enforced before any one of the installments falls due and there is a surplus of funds as stated in Code Section
44-14-125
, the court may retain the funds or order them to be invested to meet the unpaid installments.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 6 - EXPIRATION AND EXTENSION OF INSTRUMENTS AFFECTING PERSONALTY (§§ 44-14-140 — 44-14-144) › Section 44-14-140 - Expiration of notice effected by recording of mortgage or other security instrument on personalty

The notice given to third persons by the filing for record of any mortgage, bill of sale to secure debt, retention of title contract, or other security instrument creating a lien on, retaining title to, or conveying an interest in personal property only shall expire at the end of seven years from the date of the filing thereof for record.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 6 - EXPIRATION AND EXTENSION OF INSTRUMENTS AFFECTING PERSONALTY (§§ 44-14-140 — 44-14-144) › Section 44-14-141 - Extension of time period; affidavit

The effect regarding third persons of the filing for record of any of the instruments enumerated in Code Section
44-14-140
may in all respects, including the preservation of priority thereof, be extended for successive additional periods, each period not exceeding five years from the date of the filing in the office of the clerk of the superior court wherein any such instrument is recorded, upon the filing by the owner or holder thereof of an affidavit identifying the instrument and stating his interest and the nature and amount unpaid on the obligation still secured thereby. Where the instrument is made to, held, or owned by a trustee or other representative to secure bonds, notes, or other obligations of the maker of the instrument, the affidavit provided for in this Code section may be made and filed by the trustee or other representative.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 6 - EXPIRATION AND EXTENSION OF INSTRUMENTS AFFECTING PERSONALTY (§§ 44-14-140 — 44-14-144) › Section 44-14-142 - Recording of affidavit; indexing; fee

The clerk of the superior court shall file the affidavit required by Code Section
44-14-141
, reindex the instrument mentioned in the affidavit, and enter on the margin of the record of the instrument a reference to the filing of the affidavit, which shall state the date of the filing of the affidavit and the amount unpaid on the obligation secured by the instrument, for which services the clerk shall be entitled to a fee as required by Article 2 of Chapter 6 of Title 15.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 6 - EXPIRATION AND EXTENSION OF INSTRUMENTS AFFECTING PERSONALTY (§§ 44-14-140 — 44-14-144) › Section 44-14-143 - Limitations on instruments filed before March 31, 1937

The notice given by the filing of any mortgage, bill of sale to secure debt, retention of title contract, or other security instrument creating a lien on, retaining title to, or conveying an interest in personal property which is filed or recorded prior to March 31, 1937, shall not extend more than seven years from March 31, 1937, unless within seven years from March 31, 1937, an affidavit is filed, the instrument reindexed, and the marginal reference made on the record thereof as provided in Code Section
44-14-142
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 6 - EXPIRATION AND EXTENSION OF INSTRUMENTS AFFECTING PERSONALTY (§§ 44-14-140 — 44-14-144) › Section 44-14-144 - Exclusion of public utility corporations from coverage of Code Sections 44-14-140 through 44-14-143

This article shall not apply to any mortgage, bill of sale to secure debt, retention of title contract, deed of trust, or other security instrument creating a lien on, retaining title to, or conveying an interest in property owned by, sold or leased to, or agreed to be sold or leased to any railroad corporation, street railroad corporation, electric or gas corporation, or other public utility corporation or any receivers, trustees, or other legal officers in possession of or operating any railroad corporation, street railroad corporation, electric or gas corporation, or other public utility corporation.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 1 - IN GENERAL (§§ 44-14-160 — 44-14-165) › Section 44-14-160 - Filing of foreclosure and deed under power; penalty for late payment

(a)
Within 90 days of a foreclosure sale, all deeds under power shall be filed by the holder of a deed to secure debt or a mortgage with the clerk of the superior court of the county or counties in which the foreclosed property is located. The clerk shall record and cross reference the deed under power to the deed to secure debt or mortgage foreclosed upon. The deed under power shall be indexed pursuant to standards promulgated by the Georgia Superior Court Clerks' Cooperative Authority.
(b)
In the event the deed under power is not filed within 30 days after the time period set forth in subsection (a) of this Code section, the holder shall be required to pay a late filing penalty of $500.00 upon filing in addition to the required filing fees provided for in subsection (f) of Code Section
15-6-77
. Such late filing penalty shall be collected by the clerk of the superior court before filing.
(c)
The sums collected as a late filing penalty under subsection (b) of this Code section shall be remitted to the governing authority of the county. If the foreclosed property is located within a municipality, the governing authority of the county shall remit the late filing penalty for such property to the governing authority of such municipality within 30 days of its receipt of the penalty. For each late filing penalty for property located within the corporate limits of a municipality, the governing authority of the county may withhold a 5 percent administrative processing fee from the remittance to such municipality.
Amended by 2018 Ga. Laws 562,§ 44, eff. 5/8/2018.
Amended by 2015 Ga. Laws 145,§ 9, eff. 7/1/2015.
Amended by 2009 Ga. Laws 106,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 1 - IN GENERAL (§§ 44-14-160 — 44-14-165) › Section 44-14-161 - Sales made on foreclosure under power of sale; when deficiency judgment allowed; confirmation and approval; notice and hearing; resale

(a)
When any real estate is sold on foreclosure, without legal process, and under powers contained in security deeds, mortgages, or other lien contracts and at the sale the real estate does not bring the amount of the debt secured by the deed, mortgage, or contract, no action may be taken to obtain a deficiency judgment unless the person instituting the foreclosure proceedings shall, within 30 days after the sale, report the sale to the judge of the superior court of the county in which the land is located for confirmation and approval and shall obtain an order of confirmation and approval thereon.
(b)
The court shall require evidence to show the true market value of the property sold under the powers and shall not confirm the sale unless it is satisfied that the property so sold brought its true market value on such foreclosure sale.
(c)
The court shall direct that a notice of the hearing shall be given to the debtor at least five days prior thereto; and at the hearing the court shall also pass upon the legality of the notice, advertisement, and regularity of the sale. The court may order a resale of the property for good cause shown.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 1 - IN GENERAL (§§ 44-14-160 — 44-14-165) › Section 44-14-162 - Sales made on foreclosure under power of sale; manner of advertisement and conduct necessary for validity; filing

(a)
No sale of real estate under powers contained in mortgages, deeds, or other lien contracts shall be valid unless the sale shall be advertised and conducted at the time and place and in the usual manner of the sheriff's sales in the county in which such real estate or a part thereof is located and unless notice of the sale shall have been given as required by Code Section
44-14-162.2
. If the advertisement contains the street address, city, and ZIP Code of the property, such information shall be clearly set out in bold type. In addition to any other matter required to be included in the advertisement of the sale, if the property encumbered by the mortgage, security deed, or lien contract has been transferred or conveyed by the original debtor to a new owner and an assumption by the new owner of the debt secured by said mortgage, security deed, or lien contract has been approved in writing by the secured creditor, then the advertisement should also include a recital of the fact of such transfer or conveyance and the name of the new owner, as long as information regarding any such assumption is readily discernable by the foreclosing creditor. Failure to include such a recital in the advertisement, however, shall not invalidate an otherwise valid foreclosure sale.
(b)
The security instrument or assignment thereof vesting the secured creditor with title to the security instrument shall be filed prior to the time of sale in the office of the clerk of the superior court of the county in which the real property is located.
Amended by 2008 Ga. Laws 576,§ 1, eff. 5/13/2008.
Amended by 2001 Ga. Laws 266, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 1 - IN GENERAL (§§ 44-14-160 — 44-14-165) › Section 44-14-162.1 - "Debtor" defined

As used in Code Sections
44-14-162.2
through
44-14-162.4
, the term "debtor" means the grantor of the mortgage, security deed, or other lien contract. In the event the property encumbered by the mortgage, security deed, or lien contract has been transferred or conveyed by the original debtor, the term "debtor" shall mean the current owner of the property encumbered by the debt, if the identity of such owner has been made known to and acknowledged by the secured creditor prior to the time the secured creditor is required to give notice pursuant to Code Section
44-14-162.2
.