Georgia Code
Part 4 - Registers and Registration
§ 44-2-132. Compelling Production of Owner’s Certificate for Registration of Involuntary Transfer; Cancellation of Certificate Upon Failure to Produce It; Notice of Cancellation

Whenever an involuntary transfer is sought to be registered under this article and the owner’s certificate is not produced so that it can be attached to the order directing a transfer, the court shall have the power to issue a subpoena for the production of documentary evidence or any other process designed to compel the production of the owner’s certificate, including attachment for contempt. If, after the process issues, the owner’s certificate is not produced or if it appears to the court that there is no practical means of compelling its production, the court may nevertheless grant the order of transfer but shall cause the clerk to enter a cancellation of the certificate of title on the title register and to give notice once a week for four weeks in the newspaper in which the sheriff’s sales of the county are advertised that such certificate has been canceled; the cost of making the advertisement shall be deposited with the clerk before the judge shall grant the order of transfer without the production of the certificate.
History. Ga. L. 1917, p. 108, § 52; Code 1933, § 60-410.

Structure Georgia Code

Georgia Code

Title 44 - Property

Chapter 2 - Recordation and Registration of Deeds and Other Instruments

Article 2 - Land Registration

Part 4 - Registers and Registration

§ 44-2-120. Furnishing and Maintaining Register Books; Issuance of Owner’s Certificate of Title

§ 44-2-121. Signing and Dating Register Entries and Owners’ Certificates

§ 44-2-122. Clerk’s Duties and Liabilities; Conclusive Effect of Registration Entries; Time for Filing Caveat; Petition for Direction

§ 44-2-123. Clerk’s Duty to Ensure Proper Execution of Voluntary Transfer; Liability for Damage or Loss Arising From Registration of Improperly Executed Transfer

§ 44-2-124. Performance of Duties Upon Disqualification, Death, or Disability of Clerk

§ 44-2-125. When Recordation Other Than Registration Not Required; Filing Instruments; Admissibility of Certified Copies and Use as Evidence; Recordation Procedure When Instrument Is Not in Short Form

§ 44-2-126. Notation of Lien or Encumbrance on Certificate of Title — in General

§ 44-2-127. Notation of Lien or Encumbrance on Certificate of Title — Registered Encumbrances, Rights, and Adverse Claims

§ 44-2-128. Registration of Transactions Affecting Unregistered Land as Notice

§ 44-2-129. Registration of Involuntary Transactions on Court’s Order; Form

§ 44-2-130. Cancellation of Decedent’s Certificate and Issuance of New Certificate to Personal Representative

§ 44-2-131. Declaration of Title by Descent Upon Petition; Service of Petition and Publication of Notice; Transfer of Registered Title and Issuance of New Certificates; Rights of Surviving Spouse

§ 44-2-132. Compelling Production of Owner’s Certificate for Registration of Involuntary Transfer; Cancellation of Certificate Upon Failure to Produce It; Notice of Cancellation

§ 44-2-133. Procedure for Obtaining Duplicate of Lost Owner’s Certificate

§ 44-2-134. Filing Caveat Objecting to Entry in Title Register; Show Cause Hearing Upon Caveat

§ 44-2-135. Obtaining Notations in Title Register

§ 44-2-136. Cancellation of Mortgage, Lien, Equity, or Lis Pendens; Entry of Cancellation on Title Register and Certificate; Procedure Upon Refusal to Authorize Cancellation

§ 44-2-137. What Adverse Claims Affect Registered Land; Effect of Fraud or Forgery; Limitations on Actions to Set Aside

§ 44-2-138. What Limitations Govern Actions by Injured Party for Fraud or Negligence

§ 44-2-140. Availability of Prescription or Adverse Possession Against Registered Land

§ 44-2-141. Rights, Burdens, and Incidents as to Both Registered and Unregistered Land; Validity of Transfers of Title by Last Registered Owner

§ 44-2-142. Notation of Change of Name on Register and Certificate

§ 44-2-143. Notation of Liens and Lis Pendens on Register; Effect Absent Notation

§ 44-2-144. Freeing Land From Further Registration; Certificates as Conclusive Source of Title; Notation of Encumbrances; When Land Automatically Freed; Registered Land Free of Further Registration; Exception