Skip to content
Georgia Commons
Menu

Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 14. MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS · Article 3. CONVEYANCES TO SECURE DEBT AND BILLS OF SALE · Part 1. IN GENERAL

44-14-63. Recording of deeds to secure debt and bills of sale to secure debt; effect of failure to record.

Active2 versions printed

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

Effective July 1, 2023. See note.In force today: Effective July 1, 2023. See note.
  1. (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.#

  2. (b)

    A deed to secure debt shall not be recorded unless it includes the following information on the first page:#

    1. (1)

      The date of the document;#

    2. (2)

      The names of the signatories of the document;#

    3. (3)

      The grantee’s mailing address;#

    4. (4)

      Map and parcel identification information, if applicable;#

    5. (5)

      The original loan amount or the amount of any outstanding principal and additional advance pursuant to a loan modification;#

    6. (6)

      The initial maturity date or dates for such debt;#

    7. (7)

      The amount, if any, of the intangible recording tax imposed on such deed to secure debt;#

    8. (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. (9)

      If no intangible tax is imposed, a citation to the authority providing for an exemption of such tax.#

  3. (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.#

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

Ga. L. 1884-85, p. 124, § 1; Civil Code 1895, § 2772; Civil Code 1910, § 3307; Ga. L. 1931, p. 153, § 1; Code 1933, § 67-1305; Ga. L. 1989, p. 859, § 1; Ga. L. 2015, p. 937, § 8/HB 322; Ga. L. 2022, p. 280, § 2/HB 974.

Delayed effective date

Code Section 44-14-63 is set out twice in this Code. This version, as set out above, is effective July 1, 2023. For version effective until July 1, 2023, see the preceding version. The 2022 amendment, effective July 1, 2023, rewrote the first sentence in subsection (b), which read: “A deed to secure debt shall not be recorded unless it includes the mailing address of the grantee thereof.”; redesignated the former second sentence of subsection (b) as present subsection (c); and substituted “this Code section” for “this provision” in subsection (c).

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 515 to 516; merge action: carried; file SHA-256 02e72213893a.

Effective until July 1, 2023. See note.No longer in force as printed (Effective until July 1, 2023. See note.)
  1. (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.#

  2. (b)

    A deed to secure debt shall not be recorded unless it includes the mailing address of the grantee thereof. Failure to comply with this provision shall not be a defense to any foreclosure or grounds to set aside any foreclosure of any deed to secure debt.#

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

Ga. L. 1884-85, p. 124, § 1; Civil Code 1895, § 2772; Civil Code 1910, § 3307; Ga. L. 1931, p. 153, § 1; Code 1933, § 67-1305; Ga. L. 1989, p. 859, § 1; Ga. L. 2015, p. 937, § 8/HB 322.

Delayed effective date

Code Section 44-14-63 is set out twice in this Code. This version is effective until July 1, 2023. For version effective July 1, 2023, see the following version.

Cross references

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

Law reviews

For comment on Manchester Motors, Inc. v. Farmers & Merchants Bank, 91 Ga. App. 811, 87 S.E.2d 342 (1955), see 18 Ga. B.J. 82 (1955).

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 509; merge action: carried; file SHA-256 02e72213893a.