Georgia Code
Part 5 - Conveyance, Transfer, and Descent
§ 44-2-164. Assignment or Negotiation of Creditor’s Certificate; Effect of Transfer of Indebtedness; Surrender and Cancellation of Certificate; Order of Cancellation; Notation

The creditor’s certificate shall be assignable or negotiable to the same extent as the note or other evidence of indebtedness secured thereby may be, but assignments or transfers of the creditor’s certificate need not be noted on the title register. A transfer or assignment of the indebtedness shall operate to transfer the creditor’s certificate securing the same in like manner and to the same extent as is set forth in Code Section 10-3-1, relating to the case of transfer of indebtedness secured by mortgage, unless otherwise agreed between the parties. The creditor’s certificate may be surrendered and canceled at any time by the owner thereof. It shall be the creditor’s duty to surrender the certificate and give an order for cancellation of the same when the debt is paid. If he refuses, he may be compelled by the court to do so and in any proper case the judge may order a cancellation on the title register. Upon presentation of an order of cancellation with the surrendered creditor’s certificate or upon presentation of the judge’s order directing cancellation, the clerk shall enter a notation of the same in the register of titles and on the owner’s certificate of title.
History. Ga. L. 1917, p. 108, § 33; Code 1933, § 60-504.

Structure Georgia Code

Georgia Code

Title 44 - Property

Chapter 2 - Recordation and Registration of Deeds and Other Instruments

Article 2 - Land Registration

Part 5 - Conveyance, Transfer, and Descent

§ 44-2-160. Manner of Recording Deeds Conveying Title to Registered Land; Validity of Previous Conveyances of Registered Land

§ 44-2-161. Partial Transfer of Registered Land; Undivided Interest; Interest in Particular Portion; Notations on Register; Issuance of Certificates

§ 44-2-162. Subdivision of Registered Land; Procedure

§ 44-2-163. Conveyance to Secure Debt; Form; Notation and Registration; Creditor’s Certificate

§ 44-2-164. Assignment or Negotiation of Creditor’s Certificate; Effect of Transfer of Indebtedness; Surrender and Cancellation of Certificate; Order of Cancellation; Notation

§ 44-2-165. Sale by Holder of Creditor’s Certificate; Application for Transfer to Purchaser; Opportunity to Object to Transfer; Order of Application of Sale Proceeds

§ 44-2-166. Transfer to Secure Debt; Notation of Bond for Title or to Reconvey

§ 44-2-167. Validity and Priority of Unrecorded Transfers of Owner’s Certificate to Registered Lands

§ 44-2-169. Personal Representative as Trustee; Right of Personal Representative to a Commission; Power of Heirs to Require Transfer

§ 44-2-170. Right of Personal Representative to Have Registered Land Transferred to Him Where Such Land Transferred to Heirs Before His Appointment; Action Against Heirs Who Have Improperly Appropriated Land

§ 44-2-171. Procedure for Ascertaining, and Transfer To, Heirs or Beneficiaries

§ 44-2-172. Transfer by Clerk Pursuant to Judgment; Production of Copy of Decree and Order

§ 44-2-173. Petition for Involuntary Transfer; Referral to Examiner; Notice; Appointment of Guardians Ad Litem; Order of Transfer

§ 44-2-174. Attack on Transfers Made to Hinder, Delay, or Defraud Creditors; Decree Voiding Such Transfer; Entry of Cancellations and Transfers on Register and Certificate

§ 44-2-175. Registering Subsequent Transfers or Voluntary Conveyances of Land Held in Trust or Otherwise Restricted

§ 44-2-176. Duty of Tax Officer to Have Delinquent Taxes or Assessments Noted; Effect of Delinquencies Prior to Notation; Liability of Officer