If judgment shall be rendered for the plaintiff in any action brought pursuant to Code Section 44-2-193, execution shall issue against any defendants other than the state treasurer. If such execution is returned unsatisfied in whole or in part or if there are no such defendants, the clerk of the court in which the judgment was rendered shall certify to the state treasurer the amount due on the judgment; and the same shall be paid by the state treasurer out of the assurance fund under the special appropriation made of the fund for such purpose. Any person other than the state treasurer against whom any such judgment may have been rendered shall remain liable therefor or for so much thereof as may be paid out of the assurance fund; and the state treasurer may bring action at any time to enforce the lien of such judgment against such person or his estate for the recovery of the amount, with interest, paid out of the assurance fund.
History. Ga. L. 1917, p. 108, § 79; Code 1933, § 60-706; 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” at the end of the first sentence and substituted “state treasurer” for “director” four times in this Code section.
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