Official Code of Georgia Annotated

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

44-14-35. Recording of mortgages on realty; effect of renewed mortgage as lien absent recordation.

Active

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

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.

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

Laws 1755, Cobb’s 1851 Digest, p. 159; Laws 1768, Cobb’s 1851 Digest, p. 162; Laws 1827, Cobb’s 1851 Digest, pp. 171, 172; Code 1863, § 1958; Code 1868, § 1946; Code 1873, § 1956; Ga. L. 1876, p. 34, § 1; Ga. L. 1878-79, p. 139, § 1; Code 1882, § 1956; Civil Code 1895, § 2726; Civil Code 1910, § 3259; Code 1933, § 67-108.

Cross references

Imposition, rate, collection, and assessment of taxes, § 48-6-60 et seq.

Law reviews

For comment on Nalley Chevrolet, Inc. v. California Bank, 100 Ga. App. 197, 110 S.E.2d 577 (1959), appearing below, see 12 Mercer L. Rev. 283 (1960).

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, page 474; merge action: carried; file SHA-256 02e72213893a.