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Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 2. RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS · Article 1. RECORDING · Part 1. RECORDING OF DEEDS AND OTHER REAL PROPERTY TRANSACTIONS

44-2-14. Requirements for recordation.

Active

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

  1. (a)

    Except for documents electronically filed as provided for in Chapter 12 of Title 10, and in other Code sections in this part, before any deed to realty or personalty or any mortgage, bond for title, or other recordable instrument executed in this state may be recorded, it shall be an original instrument and shall be attested or acknowledged as provided by law. However, nothing in this Code section shall dispense with another witness where an additional witness is required. This Code section shall not apply to transactions covered by Article 9 of Title 11.#

  2. (b)

    No affidavit prepared under Code Section 44-2-20 and no instrument by which the title to real property or any interest therein is conveyed, created, assigned, encumbered, disposed of, or otherwise affected shall be entitled to recordation unless the name and mailing address of the natural person to whom the affidavit or instrument is to be returned is legibly printed, typewritten, or stamped upon such affidavit or instrument at the top of the first page thereof.#

  3. (c)

    If an instrument or affidavit is titled or recorded without compliance with subsection (b) of this Code section, such noncompliance does not alone impair the validity of the filing of recordation or of the constructive notice imparted by filing or recordation.#

  4. (d)

    Subsection (b) of this Code section does not apply to the following:#

    1. (1)

      An affidavit or instrument executed before July 1, 1994;#

    2. (2)

      A decree, order, judgment, or writ of any court;#

    3. (3)

      A will; or#

    4. (4)

      Any plat.#

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 1785, Cobb’s 1851 Digest, p. 164.; Laws 1827, Cobb’s 1851 Digest, pp. 171, 172.; Laws 1839, Cobb’s 1851 Digest, p. 177.; Laws 1850, Cobb’s 1851 Digest, pp. 180, 181.; Ga. L. 1849-50, p. 149, § 1; Ga. L. 1853-54, p. 26, § 1; Code 1863, § 2668; Code 1868, § 2664; Code 1873, § 2706; Code 1882, § 2706; Ga. L. 1893, p. 37, § 1; Civil Code 1895, § 3620; Civil Code 1910, § 4202; Ga. L. 1924, p. 83, § 1; Ga. L. 1931, p. 153, § 1; Code 1933, § 29-405; Ga. L. 1963, p. 188, § 39; Ga. L. 1994, p. 1943, § 1; Ga. L. 2012, p. 173, § 1-33/HB 665.

Amendments

The 2012 amendment, effective July 1, 2012, in the first sentence of subsection (a), substituted “Except for documents electronically filed as provided for in Chapter 12 of Title 10, and in other Code sections in this part, before” for “Before” at the beginning and substituted “shall be an original instrument and shall be” for “must be” near the end.

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

Text read from t44-ch1-7-(v31)-pdf.pdf, Volume V31, 2010 edition, 2025 supplement, pages 22 to 23; merge action: replaced; file SHA-256 a165b4d6b81d.

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