If an action contemplated by Code Section 44-2-193 is brought to recover for loss or damage arising only through the legal operation of this article, the state treasurer shall be the sole defendant. If the action is brought to recover for loss or damage arising on account of any registration made or procured through fraud, neglect, or wrongful act of any person not exercising a judicial function, both the state treasurer and such person or persons shall be made parties defendant.
History. Ga. L. 1917, p. 108, § 78; Code 1933, § 60-705; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, §§ 3, 4/SB 296.
The 2010 amendment, effective July 1, 2010, substituted “state treasurer” for “director of the Office of Treasury and Fiscal Services” near the end of the first sentence, and substituted “state treasurer” for “director” near the end of the second sentence.
Structure Georgia Code
Chapter 2 - Recordation and Registration of Deeds and Other Instruments
§ 44-2-190. Payment Into Assurance Fund Upon Original Registration; Determination of Amount
§ 44-2-191. Separate Account for Assurance Fund
§ 44-2-192. Investment of Fund; Application of Income; Transfer of Excess
§ 44-2-194. Action Against Fund — Parties Defendant
§ 44-2-196. Action Against Fund — How Judgments Satisfied When Fund Insufficient; Interest
§ 44-2-197. Liability of Fund for Registered Owner’s Breach of Trust