Any mortgagor who has paid off his or her mortgage may present the paid mortgage to the clerk of the superior court of the county or counties in which the mortgage instrument is recorded, together with the order of the mortgagee or transferee directing that the mortgage be canceled. After payment of the fee authorized by law, the clerk shall index and record, in the same manner as the original mortgage instrument is recorded, the canceled and satisfied mortgage instrument or such portion thereof as bears the order of the mortgagee or transferee directing that the mortgage be canceled, together with any order of the mortgagee or transferee directing that the mortgage be canceled. The clerk shall show on the index of the cancellation and on the cancellation document the deed book and page number where the original mortgage instrument is recorded. The clerk shall manually or through electronic means record across the face of the mortgage instrument the words “satisfied” and “canceled” and the date of the entry and shall sign his or her name thereto officially. The clerk shall also manually or electronically make a notation on the record of the mortgage to indicate where the order of the cancellation is recorded.
History. Ga. L. 1884-85, p. 129, §§ 1, 2; Civil Code 1895, §§ 2737, 2738; Civil Code 1910, §§ 3270, 3271; Code 1933, § 67-117; Ga. L. 1963, p. 276, § 1; Ga. L. 1989, p. 498, § 1; Ga. L. 2012, p. 173, § 1-36/HB 665.
The 2012 amendment, effective July 1, 2012, inserted “or her” in the first sentence; in the fourth sentence, inserted “manually or through electronic means” near the beginning, and inserted “or her” near the end; and inserted “manually or electronically” in the last sentence.
Editor’s notes.
Ga. L. 1962, p. 156, § 1, provides that any provision of Code Sections 44-14-1, 44-14-2, 44-14-4, 44-14-7 through 44-14-12, 44-14-100, and 44-14-160, and Arts. 2 and 3, Ch. 14, of this title which conflicts with T. 11 shall yield to and be superseded by T. 11. See Code Section 11-10-103.
Structure Georgia Code
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens
§ 44-14-1. Operation of “Open-End” Clauses; Limited to Ex Contractu Obligations Between Parties
§ 44-14-4. Procedure for Recording Cancellation of Mortgage
§ 44-14-5. Practices Prohibited in Connection With Certain Residential Real Estate Transactions
§ 44-14-6. Wrongful Sale or Removal of Mortgaged Property; Penalty
§ 44-14-8. Removal or Other Disposal of Encumbered Property in Order to Hinder Levy; Penalty; Venue
§ 44-14-10. Search for Property Where Defendant Has No Permanent Abode; Venue of Prosecution
§ 44-14-11. Entry of Nulla Bona; Shifting of Burden of Proof
§ 44-14-12. Deceiving as to Existence of Lien; Making Second Deed of Conveyance; Penalty
§ 44-14-15. Fee for a Future Conveyance; Limited Circumstances