44-14-67
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44-14-67.
(a)
In all cases where property is conveyed to secure a debt, the surrender and
cancellation of the deed, in the same manner as mortgages are canceled, on
payment of the debt to any person legally authorized to receive the same, shall
operate to reconvey the title of the property to the grantor or the
grantor´s heirs, executors, administrators, or assigns.
(b)
In the case of a deed to secure debt which applies to real property, in order to
authorize the clerk of superior court to show the original instrument as
canceled of record, there shall be presented for recording:
(1)
A cancellation upon the original security deed itself;
(2)
A conveyance from the record holder of the security deed, which conveyance is in
the form of a quitclaim deed or other form of deed suitable for recording and
which refers to the original security deed; or
(3)
A cancellation as provided in subsection (c) of this Code section.
Any
clerk of superior court who cancels of record any deed to secure debt in the
manner authorized in this subsection shall be immune from any civil liability,
either in such clerk´s official capacity or personally, for so canceling of
record such security deed.
(c)
Cancellation of a security deed, the original of which has been lost, stolen, or
otherwise mislaid, may be made based upon a document executed by the owner of
the security interest and who so swears in such document, which document shall
be recorded and shall be in substantially the following form:
________
County, Georgia
The
indebtedness referred to in that certain deed to secure debt from ___________ to
__________, dated ______________, and of record in Deed Book ______, Page
______, in the office of the clerk of the Superior Court of ________ County,
Georgia, having been paid in full and the undersigned being the present owner of
such secured interest by virtue of being the original grantee or the heir,
assign, transferee, or devisee of the original grantee, the clerk of such
superior court is authorized and directed to cancel that deed of record as
provided in Code Section 44-14-4 of the O.C.G.A. for other mortgage
cancellations.
In
witness whereof, the undersigned has set his or her hand and seal, this ______
day of ______________, ____.
______________(SEAL)
Signature
Signed, sealed, and
delivered on the
date above shown
Signature
Signed, sealed, and
delivered on the
date above shown
__________________
Unofficial Witness
__________________
Notary Public
Unofficial Witness
__________________
Notary Public
(SEAL)
My commission expires:
______________.