Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 14. MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS · Article 2. MORTGAGES

44-14-33. Attestation or acknowledgment of mortgage; additional witness in case of land; constructive notice.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

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.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 1957; Code 1868, § 1945; Code 1873, § 1955; Ga. L. 1876, p. 34, § 1; Code 1882, § 1955; Civil Code 1895, § 2724; Civil Code 1910, § 3257; Ga. L. 1931, p. 153, § 1; Code 1933, § 67-105; Ga. L. 1995, p. 1076, § 1; Ga. L. 2015, p. 937, § 3/HB 322.

Law reviews

For annual survey on real property, see 65 Mercer L. Rev. 233 (2013). For article, “Eleventh Circuit Survey: January 1, 2013 — December 31, 2013: Casenote: The Decline and Fall of Constructive Notice,” see 65 Mercer L. Rev. 1203 (2014).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch8-15-(v32)-2022-pdf.pdf, Volume V32, 2022 edition, pages 468 to 469; merge action: annotated; file SHA-256 02e72213893a.