Georgia Code
Article 2 - Mortgages
§ 44-14-35. Recording of Mortgages on Realty; Effect of Renewed Mortgage as Lien Absent Recordation

Mortgages on realty shall be recorded in the county where the land is located. Where a mortgage upon realty is executed to secure the payment of money or other thing of value and the same is not recorded as provided by law but the mortgage is renewed or reexecuted, the mortgage shall operate as a lien upon the property of the mortgagor only against the mortgagor himself and those having actual notice of the mortgage except from the date of the record of such mortgage.
History. Laws 1755, Cobb’s 1851 Digest, p. 159; Laws 1768, Cobb’s 1851 Digest, p. 162; Laws 1827, Cobb’s 1851 Digest, pp. 171, 172; Code 1863, § 1958; Code 1868, § 1946; Code 1873, § 1956; Ga. L. 1876, p. 34, § 1; Ga. L. 1878-79, p. 139, § 1; Code 1882, § 1956; Civil Code 1895, § 2726; Civil Code 1910, § 3259; Code 1933, § 67-108.
Cross references.
Imposition, rate, collection, and assessment of taxes, § 48-6-60 et seq.
Law reviews.
For comment on Nalley Chevrolet, Inc. v. California Bank, 100 Ga. App. 197 , 110 S.E.2d 577 (1959), appearing below, see 12 Mercer L. Rev. 283 (1960).

Structure Georgia Code

Georgia Code

Title 44 - Property

Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens

Article 2 - Mortgages

§ 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

§ 44-14-33. Attestation or Acknowledgment of Mortgage; Additional Witness in Case of Land; Constructive Notice

§ 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

§ 44-14-35.1. Property Covered by Mortgage or Bill of Sale to Secure Debt; Mortgage or Bill Given to Secure Bond Issue

§ 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