History. Ga. L. 1975, p. 422, § 1; Ga. L. 2009, p. 614, § 1/SB 141; Ga. L. 2015, p. 937, § 9/HB 322; Ga. L. 2018, p. 1112, § 44/SB 365.
The 2009 amendment, effective July 1, 2009, substituted the present first sentence for “When the holder of a deed to secure debt or a mortgage forecloses the same and sells the real property thereby secured under the laws of this state governing foreclosures and sales under power and the purchaser thereof presents to the clerk of the superior court his deed under power to have the same recorded, the” and added “The” at the beginning of the second sentence.
The 2015 amendment, effective July 1, 2015, designated the existing provisions as subsection (a); in subsection (a), substituted “filed” for “recorded” in the middle of the first sentence, and, in the second sentence, substituted “record and cross reference the deed under power to” for “write in the margin of the page where” and deleted “is recorded the word ‘foreclosed’ and the deed book and page number on which is recorded the deed under power conveying the real property; provided, however, that, in counties where the clerk keeps the records affecting real estate on microfilm, the notation provided for in this Code section shall be made in the same manner in the index or other place where the clerk records transfers and cancellations of deeds to secure debt” following “foreclosed upon”, and added the last sentence; and added subsections (b) and (c).
The 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, substituted “Code Section 15-6-77” for “Code Section 15-66-77” at the end of the first sentence of subsection (b).
Law reviews.
For annual survey article on commercial law, see 45 Mercer L. Rev. 87 (1993).
For survey article on real property law, see 60 Mercer L. Rev. 345 (2008).
For article, “Buying Distressed Commercial Real Estate: What are the Alternatives?,” see 16 (No. 4) Ga. St. B.J. 18 (2010).
For survey article on real property law, see 67 Mercer L. Rev. 193 (2015).
For annual survey on real property, see 69 Mercer L. Rev. 251 (2017).
Structure Georgia Code
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens
§ 44-14-160. Filing of Foreclosure and Deed Under Power; Penalty for Late Payment
§ 44-14-162.1. “Debtor” Defined
§ 44-14-162.2. Mailing or Delivery of Notice to Debtor; Procedure
§ 44-14-162.3. Waiver or Release of Notice Requirement
§ 44-14-162.4. Recitals in Deeds as to Meeting of Notice Requirement
§ 44-14-163. Vacation of Certain Judgments Prior to Sale; Jurisdiction, Power, and Authority
§ 44-14-165. Vacation of Certain Judgments Prior to Sale; Effect