Georgia Code, Title 44, Chapter 14, Article 2 - Mortgages

• § 44-14-30 - Mortgage As Security Only; Effect on Title
  A mortgage in this state is only security for a debt and passes no title.
• § 44-14-31 - Form and Contents of Mortgage
  No particular form is necessary to constitute a mortgage. However, a mortgage must clearly indicate the creation of a lien and must specify the...
• § 44-14-32 - Use of Parol Evidence to Prove Apparent Deed a Mortgage
  A deed or bill of sale which is absolute on its face and which is accompanied with possession of the property shall not be...
• § 44-14-33 - Attestation or Acknowledgment of Mortgage; Additional Witness in Case of Land; Constructive Notice
  In order to admit a mortgage to record, it shall be signed by the maker, attested by an officer as provided in Code Section...
• § 44-14-34 - Signing of Mortgages Executed Outside State
  When executed outside this state, mortgages shall be signed by the maker, attested by an officer as provided in Code Section 44-2-15, and attested...
• § 44-14-35 - Recording of Mortgages on Realty; Effect of Renewed Mortgage As Lien Absent Recordation
  Mortgages on realty shall be recorded in the county where the land is located. Where a mortgage upon realty is executed to secure the...
• § 44-14-35.1 - Property Covered by Mortgage or Bill of Sale to Secure Debt; Mortgage or Bill Given to Secure Bond Issue
  A mortgage or bill of sale to secure debt may embrace all property in possession, or to which the mortgagor or grantor has the...
• § 44-14-36 - Registry of Mortgages on Property of Railroads and Other Utilities
  (a) A mortgage, deed to secure debt, indenture, deed of trust, or other security agreement or any supplement or amendment thereto relating to real...
• § 44-14-37 - Effect of Failure to Record
  Reserved. Repealed by Ga. L. 2015, p. 937, § 5/HB 322, effective July 1, 2015.
• § 44-14-38 - Admission of Mortgages Into Evidence
  Reserved. Repealed by Ga. L. 2011, p. 99, § 84/HB 24, effective January 1, 2013.
• § 44-14-39 - Effect of Defective Record As Notice
  A mortgage which is recorded in an improper office or without due attestation or probate or which is so defectively recorded as not to...
• § 44-14-40 - Probate of Mortgages
  All the rules prescribed for the probate of deeds to land when the witnesses are dead, insane, or removed from the state and all...
• § 44-14-41 - Tacking of Mortgages
  There shall be no tacking of mortgages.
• § 44-14-42 - Mortgages to Sureties and Guarantors
  Mortgages may be taken by sureties and guarantors to indemnify them against loss.
• § 44-14-42.1 - Redemption of Property by Mortgagor
  If the possession of real property shall be given to the mortgagee, the mortgagor may redeem at any time within ten years from the...
• § 44-14-43 - Foreclosure of Mortgage After Note Barred by Limitations
  The fact that a note or other evidence of debt is barred does not prevent a creditor from thereafter availing himself of the mortgage...
• § 44-14-44 - Sale of Mortgaged Land Under Other Process; Claiming Proceeds of Sale
  Subject to the lien of the mortgage, mortgaged property may be sold under other process. If the mortgage is foreclosed, the mortgagee may place...
• § 44-14-45 - Forthcoming Bond by Purchaser of Mortgaged Personalty; Affidavit of Mortgagee
  Purchasers at public sales of personal property subject to the lien of a mortgage shall give bond and security in double the value of...
• § 44-14-46 - When Mortgage Fi. Fa. May Claim Proceeds of Sale
  If other writs of fieri facias are levied on mortgaged property and the property is sold, the mortgage fi. fa. may nevertheless claim the...
• § 44-14-47 - Sale of Mortgaged Property Without Foreclosure and Claim by Mortgagee
  If a mortgage on realty or personalty is not foreclosed and the equity of redemption is levied on by other writs of fieri facias...
• § 44-14-48 - Foreclosure by One of Several Mortgagees; Control and Distribution of Proceeds by Court
  If there are several mortgages of equal rank or if separate amounts due to distinct persons are embraced in the same mortgage and one...
• § 44-14-49 - Right of Holder of Mortgage to Foreclose in Equity
  The holder of any mortgage of real or personal property or both, whether as original mortgagee or as executor, administrator, or assignee of the...

Last modified: October 14, 2016