2020 Georgia Code
Title 44 - Property
Chapter 2 - Recordation and Registration of Deeds and Other Instruments
Article 2 - Land Registration
Part 1 - In General
§ 44-2-43. Fraud, Forgery, and Theft in Connection With Registration of Title to Land; Penalty
Any person who: (1) fraudulently obtains or attempts to obtain a decree of registration of title to any land or interest therein; (2) knowingly offers in evidence any forged or fraudulent document in the course of any proceedings with regard to registered lands or any interest therein; (3) makes or utters any forged instrument of transfer or instrument of mortgage or any other paper, writing, or document used in connection with any of the proceedings required for the registration of lands or the notation of entries upon the register of titles; (4) steals or fraudulently conceals any owner's certificate, creditor's certificate, or other certificate of title provided for under this article; (5) fraudulently alters, changes, or mutilates any writing, instrument, document, record, registration, or register provided for under this article; (6) makes any false oath or affidavit with respect to any matter or thing provided for in this article; or (7) makes or knowingly uses any counterfeit of any certificate provided for by this article shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years.
(Ga. L. 1917, p. 108, § 85; Code 1933, § 60-9901; Ga. L. 1982, p. 3, § 44.)
Cross references.- Forgery and fraudulent practices generally, Ch. 9, T. 16.
JUDICIAL DECISIONS
No private right of action.
- Because no state court would find that a borrower's complaint stated a claim against a non-diverse foreclosure administrator, whether under O.C.G.A. § 44-2-43 (because the statute did not provide a private right of action) or common law, the administrator was properly dismissed and its citizenship properly disregarded under the doctrine of fraudulent joinder for purposes of diversity jurisdiction and removal. Restivo v. Bank of Am. Corp., F.3d (11th Cir. July 8, 2015)(Unpublished).
Cited in Crowell v. Akin, 152 Ga. 126, 108 S.E. 791, 19 A.L.R. 51 (1921).
