---
title: O.C.G.A. § 44-14-604. Escrow to release claim for lien that would prevent closing of transaction or conveyance.
collection: code
id: 44-14-604
cite_as: O.C.G.A. § 44-14-604 (2025)
canonical_url: https://georgiacommons.org/code/44-14-604
md_url: https://georgiacommons.org/code/44-14-604.md
text_url: https://georgiacommons.org/code/44-14-604/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch8-15-(v32)-2022-pdf.pdf?sfvrsn=9e9e06de_0#page=887
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/44-14.md
previous: https://georgiacommons.org/code/44-14-603.md
next: https://georgiacommons.org/code/44-14-605.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROPERTY / MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS / LIENS / COMMERCIAL REAL ESTATE BROKER LIENS
---

# O.C.G.A. § 44-14-604. Escrow to release claim for lien that would prevent closing of transaction or conveyance.

Except as otherwise provided in this Code section, whenever a claim for lien has been filed with the clerk of a superior court that would prevent the closing of a transaction or conveyance, an escrow account shall be established from the proceeds from the transaction or conveyance in an amount sufficient to release the claim for lien. The requirement to establish an escrow account, as provided for in this Code section, shall not be cause for any party to refuse to close the transaction. These moneys shall be held in escrow until the parties’ rights to the escrowed moneys have been determined by written agreement of the parties, by a court of law, or by any other process which may be agreed to by the parties for resolution of their dispute. Upon the escrow of funds in the amount of the claimed lien, the lien or claim of lien shall be automatically dissolved. Upon the release of the commercial real estate lien by the broker, the broker shall be deemed to have an equitable lien on the escrow funds pending a resolution of the broker’s claim and the escrow shall not be released until a resolution is reached and agreed to by all necessary parties or ordered by a court. The parties are not required to follow this escrow procedure if alternative procedures which would allow the transaction to close are available and are acceptable to the transferee in the transaction. If the proceeds from the transaction are insufficient to release all liens claimed against the commercial real estate, including the broker’s lien, then the parties are not required to follow the escrow procedure in this Code section.

## History

Code 1981, § 44-14-604, enacted by Ga. L. 1993, p. 1490, § 1.