---
title: O.C.G.A. § 44-14-63. Recording of deeds to secure debt and bills of sale to secure debt; effect of failure to record.
collection: code
id: 44-14-63
cite_as: O.C.G.A. § 44-14-63 (2025)
canonical_url: https://georgiacommons.org/code/44-14-63
md_url: https://georgiacommons.org/code/44-14-63.md
text_url: https://georgiacommons.org/code/44-14-63/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=515
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/44-14-62.md
next: https://georgiacommons.org/code/44-14-64.md
index: https://georgiacommons.org/code/index.md
version: Effective July 1, 2023. See note.
in_force: true
other_versions:
  - version: Effective until July 1, 2023. See note.
    in_force: false
    md_url: https://georgiacommons.org/code/44-14-63.md?version=until+July+1%2C+2023
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROPERTY / MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS / CONVEYANCES TO SECURE DEBT AND BILLS OF SALE / IN GENERAL
---

# O.C.G.A. § 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.

## 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).