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the Georgia Code
2006 Georgia Code - 44-2-30
44-2-30. (a) Any party, or his or her legal
representative, to a settlement which will convey legal or
equitable title to real estate or any interest therein or create
any lien thereon by way of a deed to secure debt, mortgage, or
other instrument may file an instrument to be designated a 'notice
of settlement' with the clerk of the superior court of the county
in which the real estate is situated. The notice of settlement
shall be filed, permanently recorded, and indexed by the clerk of
the superior court in the same manner as real estate records of the
county. The clerk of the superior court shall transmit such
information regarding notices of settlement as required by the
Georgia Superior Court ClerkśCooperative
Authority for inclusion in the state-wide uniform automated
information system for real and personal property records, as
provided for by Code Sections 15-6-97 and 15-6-98. The clerk of the
superior court shall charge a fee for the filing and recording of
the notice of settlement as is required for filing other
instruments pertaining to real estate as set forth in division
(f)(1)(A)(i) of Code Section 15-6-77. (b) The notice of settlement provided for in
subsection (a) of this Code section shall be signed by said party
or legal representative and shall set forth the names of the
parties to the settlement and a description of the real estate. If
the notice is executed by any one other than an attorney at law of
this state, the execution shall be acknowledged or proved in the
manner provided by law for the acknowledgment or proof of
deeds. (c) After the filing
of a notice of settlement, any person claiming title to, an
interest in, or a lien upon the real estate described in the notice
through any party in the notice shall be deemed to have acquired
said title, interest, or lien with knowledge of the anticipated
settlement and shall be subject to the terms, conditions, and
provisions of the deed or mortgage between the parties filed within
the period provided by subsection (e) of this Code section.
(d) The form of the notice of
settlement shall be substantially as follows: 'NOTICE OF REAL ESTATE
SETTLEMENT This form must be
executed by a party or legal representative. If the notice is
executed by anyone other than an attorney at law in Georgia, it
must be executed and acknowledged or proved in the same manner as a
deed.
NOTICE is hearby given of a
contract, agreement, and mortgage and commitment between the
parties hereto. The lands to
be affected are described as follows: All that certain tract or parcel of lands and
premises situate lying and being in the ___________ of ___________,
County of _________ and State of Georgia, commonly known as
_________ and more particularly described as follows:
Tax map reference
County of _________ Block No. ___
Lot No.___ Block ___
Prepared by:
___________________________ Name ___________________________ ___________________________ Address ___________________________ Telephone Number'
(e) The notice of settlement shall be effective for 30 days from the date of filing; provided, however, that the notice of settlement shall be allowed to be renewed by a second filing for one additional 30 day period. Any lien filed during said 30 days shall attach to the premises described in the notice immediately upon the expiration of the 30 days, provided that the premises have not been conveyed and notwithstanding the filing of a subsequent notice of settlement.
| Name(s) and address(es) _______________________ _______________________ _______________________ _______________________ Seller(s) –and– Name(s) and address(es) _______________________ _______________________ _______________________ _______________________ Buyer(s) –and– Name(s) and address(es) _______________________ _______________________ _______________________ _______________________ Mortgagee(s) |
Notice of Settlement |
Prepared by:
___________________________ Name ___________________________ ___________________________ Address ___________________________ Telephone Number'
(e) The notice of settlement shall be effective for 30 days from the date of filing; provided, however, that the notice of settlement shall be allowed to be renewed by a second filing for one additional 30 day period. Any lien filed during said 30 days shall attach to the premises described in the notice immediately upon the expiration of the 30 days, provided that the premises have not been conveyed and notwithstanding the filing of a subsequent notice of settlement.
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