In order to admit a mortgage to record, it shall be signed by the maker, attested by an officer as provided in Code Section 44-2-15, and attested by one other witness. In the absence of fraud, if a mortgage is duly signed, witnessed, filed, recorded, and indexed on the appropriate county land records, such recordation shall be deemed constructive notice to subsequent bona fide purchasers.
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; Ga. L. 1931, p. 153, § 1; Code 1933, § 67-105; Ga. L. 1995, p. 1076, § 1; Ga. L. 2015, p. 937, § 3/HB 322.
The 2015 amendment, effective July 1, 2015, substituted the present provisions of the first sentence for the former first sentence, which read: “In order to admit a mortgage to record, it must be attested by or acknowledged before an officer as prescribed for the attestation or acknowledgment of deeds of bargain and sale; and, in the case of real property, a mortgage must also be attested or acknowledged by one additional witness.” and inserted “signed, witnessed,” near the beginning of the second sentence.
Law reviews.
For annual survey on real property, see 65 Mercer L. Rev. 233 (2013).
For article, “Eleventh Circuit Survey: January 1, 2013 — December 31, 2013: Casenote: The Decline and Fall of Constructive Notice,” see 65 Mercer L. Rev. 1203 (2014).
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