Georgia Code
Part 5 - Conveyance, Transfer, and Descent
§ 44-2-173. Petition for Involuntary Transfer; Referral to Examiner; Notice; Appointment of Guardians Ad Litem; Order of Transfer

Whenever it is desired to have an involuntary transfer registered, petition therefor shall be made to the judge of the court. The judge may hear the facts or, in his discretion, may refer the petition to an examiner of titles to hear and report the facts. The judge shall see to it that all parties at interest are given reasonable notice before any order of transfer is made. Whenever, in his judgment, the interests of justice so require, the judge shall cause notice of the petition to be published in the newspaper in which the sheriff’s sales of the county are advertised for not less than four times in four separate weeks. Before granting an order directing the transfer, the judge shall fully satisfy himself that all parties who have or may have an interest in the matter of the transfer have been notified; that, in the case of minors or other persons under disability, guardians ad litem have been appointed to represent their interests; and that there is no valid reason why the order directing involuntary transfer should not be made. Thereupon, he shall enter a decree or judgment upon the minutes of the court, reciting the facts and stating that an order of transfer has been issued, and shall issue the order of transfer in substantially the form and manner prescribed in this article.
History. Ga. L. 1917, p. 108, § 50; Code 1933, § 60-514.

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