No particular form is necessary to constitute a mortgage. However, a mortgage must clearly indicate the creation of a lien and must specify the debt for which it is given and the property upon which it is to take effect.
History. Orig. Code 1863, § 1957; Code 1868, § 1945; Code 1873, § 1955; Ga. L. 1876, p. 34, § 1; Code 1882, § 1955; Civil Code 1895, § 2724; Civil Code 1910, § 3257; Code 1933, § 67-102.
Law reviews.
For note discussing how an open end or dragnet clause within a deed to secure debt ensnares subsequent purchasers of real property in light of Commercial Bank v. Readd, 240 Ga. 519 , 242 S.E.2d 25 (1978), see 30 Mercer L. Rev. 363 (1978).
Structure Georgia Code
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens
§ 44-14-30. Mortgage as Security Only; Effect on Title
§ 44-14-31. Form and Contents of Mortgage
§ 44-14-32. Use of Parol Evidence to Prove Apparent Deed a Mortgage
§ 44-14-34. Signing of Mortgages Executed Outside State
§ 44-14-35. Recording of Mortgages on Realty; Effect of Renewed Mortgage as Lien Absent Recordation
§ 44-14-36. Registry of Mortgages on Property of Railroads and Other Utilities
§ 44-14-39. Effect of Defective Record as Notice
§ 44-14-40. Probate of Mortgages
§ 44-14-41. Tacking of Mortgages
§ 44-14-42. Mortgages to Sureties and Guarantors
§ 44-14-42.1. Redemption of Property by Mortgagor
§ 44-14-43. Foreclosure of Mortgage After Note Barred by Limitations
§ 44-14-44. Sale of Mortgaged Land Under Other Process; Claiming Proceeds of Sale
§ 44-14-45. Forthcoming Bond by Purchaser of Mortgaged Personalty; Affidavit of Mortgagee
§ 44-14-46. When Mortgage Fi. Fa. May Claim Proceeds of Sale
§ 44-14-47. Sale of Mortgaged Property Without Foreclosure and Claim by Mortgagee
§ 44-14-48. Foreclosure by One of Several Mortgagees; Control and Distribution of Proceeds by Court
§ 44-14-49. Right of Holder of Mortgage to Foreclose in Equity