2021 Georgia Code
Title 44 - Property
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens
Article 2 - Mortgages

- Ga. L. 1962, p. 156, § 1, provides that any provision of Code Sections 44-14-1, 44-14-2, 44-14-4, 44-14-7 through 44-14-12, 44-14-100, and 44-14-160, and Arts. 2 and 3, Ch. 14, of this title which conflicts with T. 11 shall yield to and be superseded by T. 11. See Code Section 11-10-103.

Provisions of O.C.G.A. Art. 2, Ch. 14, T. 44, where conflicting, must yield to those of O.C.G.A. T. 11. Mack Trucks, Inc. v. Ryder Truck Rental, Inc., 110 Ga. App. 68, 137 S.E.2d 718 (1964).

Where land is conveyed by vendor to purchaser who simultaneously conveys it to another as security for a loan of money for the purpose of discharging the purchase price of the land, and the money is so used by the concurrence of all parties concerned, and the conveyances are parts of a single transaction, the title passes through the borrower without being affected, as against the lender, by the lien of a judgment against the borrower which would have attached to the property if title had remained in the borrower. Cherokee Fertilizer Co. v. Federal Land Bank, 179 Ga. 712, 177 S.E. 570 (1934).

- In a potential home purchaser's action to recover earnest money, the seller was entitled to a directed verdict under O.C.G.A. § 9-11-50(a) on the basis that the contract was unenforceable because the contract did not list the loan amount or the interest rate on the loan; however, because the contract was unenforceable, the purchaser was not estopped from recovering the earnest money when the purchaser was unable to qualify for the mortgage. Parks v. Thompson Builders, Inc., 296 Ga. App. 704, 675 S.E.2d 583 (2009).

- Security deed in favor of a bank was not attested by an unofficial witness as required by Georgia law and was patently defective and, thus, the deed did not provide constructive or actual notice of any security interest. As an unattested security deed was equivalent to an unrecorded deed under Georgia law, a Chapter 7 trustee, in the trustee's position as a hypothetical bona fide purchaser of real estate, had the power to avoid the transfer of the improperly attested deed, and the avoided lien was preserved for the benefit of the estate. Flatau v. Ga. Bank & Trust Co. of Augusta (In re Davis), Bankr. (Bankr. M.D. Ga. Oct. 29, 2014).

RESEARCH REFERENCES

ALR.

- Prorating provisions as applying to mortgagee, 1 A.L.R. 498; 72 A.L.R. 278.

Effect of designating grantee in deed or mortgage by firm name, 1 A.L.R. 564; 8 A.L.R. 493.

Release of vendee as endorser of note as waiver of vendor's lien, 1 A.L.R. 1638.

Validity, construction, and effect of provision in real estate mortgage as to rents and profits, 4 A.L.R. 1405; 55 A.L.R. 1020; 87 A.L.R. 625; 91 A.L.R. 1217.

Power of court to authorize discontinuance of public service corporation upon foreclosing a mortgage on its plant, 8 A.L.R. 238.

Right to receive rent as between mortgagor and mortgagee of leased premises, 14 A.L.R. 640; 105 A.L.R. 744.

Contracts requiring vendor or mortgagee to look to property alone for payment, 17 A.L.R. 714.

Insurance: effect of provision declaring loss, in case of mortgagee's interest, subject to all the terms and conditions of the policy, 19 A.L.R. 1449; 56 A.L.R. 850.

Bankruptcy: mortgage executed within four months' period pursuant to executory agreement antedating that period, as a voidable preference, 22 A.L.R. 1378.

Purchase-money mortgagee as beneficiary of rule that after-acquired title inures to the benefit of mortgagee, 26 A.L.R. 173.

Ignorance of, or mistake as to, terms of existing mortgage upon the property as ground for relief from a contract for the purchase of real property, 26 A.L.R. 528.

Remedy of mortgagee or other holder of lien on real property against third person for damage to or trespass on property, 37 A.L.R. 1120.

Rights in receivership proceeding as between mortgagee and creditor furnishing supplies required or used for operation, maintenance, and upkeep, of railroad or street railway, where there has been diversion of current earnings to benefit of mortgagee, 40 A.L.R. 8.

Remedies in respect of mortgage on real property in another state or the debt secured thereby, 42 A.L.R. 470.

Rights and liabilities of junior chattel mortgagee with respect to mortgaged property, 43 A.L.R. 388.

Remedy of mortgagee in forged or unauthorized mortgage where proceeds are used to discharge valid lien, 43 A.L.R. 1393; 151 A.L.R. 407.

Acceleration clause as affected by cross indebtedness or obligation, 51 A.L.R. 1256; 151 A.L.R. 896.

Validity and construction of statute allowing penalty and damages against mortgagee refusing to discharge mortgage on real property, 56 A.L.R. 335.

Effect of alteration in deed or mortgage with consent of parties thereto after acknowledgment or attestation, 67 A.L.R. 364.

Mortgagee's loss of right as against grantee assuming mortgage, as affecting right of mortgagor, not released, as against grantee, 73 A.L.R. 1177.

Rule that instruments are to be construed together as applicable to question of negotiability of note or bond secured by mortgage, 75 A.L.R. 1210.

Rights in respect of rents and profits as between mortgagee and trustee in bankruptcy of mortgagor, 75 A.L.R. 1526.

Effect of infant's disaffirmance of purchase-money mortgage or judgment, 77 A.L.R. 987.

Requisites and sufficiency of change of possession under an unrecorded chattel mortgage, 79 A.L.R. 1018.

Right and remedy of mortgagee who for the protection of his security pays taxes on, or redeems from tax sale of, mortgaged property, 84 A.L.R. 1366; 123 A.L.R. 1248.

Trust receipts, 87 A.L.R. 302; 101 A.L.R. 454; 168 A.L.R. 359.

Settlement or compromise by one of the parties to a chattel mortgage with a third person on account of conversion of or damage to property as affecting other party, 92 A.L.R. 205.

Right to demand assignment of mortgage on paying or tendering amount due thereon, 93 A.L.R. 89.

Transaction between chattel mortgagee and purchaser of mortgaged chattels as affecting liability of mortgagor, 93 A.L.R. 1203.

Deed or mortgage of real estate as affecting right to oil and gas or royalty interest under existing lease, 94 A.L.R. 660; 140 A.L.R. 1280.

Transaction or agreement between mortgagee and purchaser of property who did not assume mortgage as imposing personal obligation on latter for mortgage debt, 94 A.L.R. 1329.

Financial depression as justification of moratorium or other relief to mortgagor (including decisions under statutes in that regard), 94 A.L.R. 1352; 96 A.L.R. 853; 97 A.L.R. 1123; 104 A.L.R. 375.

Right of mortgagee to benefit of insurance taken out by, or in name of, receiver, trustee, or assignee for creditors of owner of equity of redemption, 94 A.L.R. 1387.

Union of title to mortgage and fee in the same person as affecting right to personal judgment for mortgage debt, 95 A.L.R. 89.

Implied power of trustee under mortgage or deed of trust who purchases property in behalf of bondholders at foreclosure sale, to give new mortgage, 95 A.L.R. 527.

Deed from mortgagor to mortgagee as merger of real estate mortgage as regards intervening liens, 95 A.L.R. 628; 148 A.L.R. 816.

Power of court or guardian as to mortgaging infant's real property, 95 A.L.R. 839.

Exploitation of oil or gas resources of land by mortgagor, or purchaser or lessee subsequently to mortgage, as waste as against mortgagee, 95 A.L.R. 957.

Right of subordinate lienor (mortgagee) as regards rents collected by receiver or assignee as further security for prior mortgage, 95 A.L.R. 1037.

Rights of senior mortgagee in respect of rents and profits collected by receiver appointed at instance of junior mortgagee, 95 A.L.R. 1051.

Trustee in mortgage securing bonds as agent of obligor or holder of bonds as regards deposit or payment in respect of principal or interest, 96 A.L.R. 1233.

Liability of grantee assuming mortgage debt, to grantor, 97 A.L.R. 1076.

Rights of tenant who holds over after expiration of term with consent of the then owner as against mortgagee or lienor pending the original term, or their successors in interest, 98 A.L.R. 216.

Discharge of mortgage and taking back of new mortgage as affecting lien intervening between old and new mortgages, 98 A.L.R. 843.

Validity, construction, and effect of provision in mortgage or deed of trust regarding status of mortgagor or his grantee in possession after sale under foreclosure or otherwise, 103 A.L.R. 981.

Power of court to sell property in mortgage enforcement suit, or propriety of sale, as affected by opposition of mortgagee or trustee on whom mortgage or deed of trust confers discretion, 103 A.L.R. 1440.

Rescission as essential to cancellation of instrument or lien voidable for fraud or failure of consideration, 109 A.L.R. 1032.

Release of mortgagor (or intermediate grantee who has assumed the mortgage) by subsequent dealings between his grantee and mortgagee, 112 A.L.R. 1324.

Lien of real estate mortgage, or right of subrogation thereto, as extinguished by sale of mortgaged property on attachment or execution on mortgage debt or debt on account of which right of subrogation is claimed, 122 A.L.R. 485.

Right to deficiency or personal judgment under mortgage notwithstanding bar of limitation against action on personal debt, 124 A.L.R. 640.

Duty of mortgagee, or one holding title as security, to protect the interests of third persons in respect to insurance, 130 A.L.R. 598.

Statutes affecting mortgagee's rights and remedies in respect of deficiency as unconstitutional impairment of obligation of contract, 133 A.L.R. 1473.

Validity, construction, application, and effect, in case of failure to maintain insurance, of acceleration provision in mortgage or deed of trust, 142 A.L.R. 1120.

Variance from statute of wording of affidavit required by it to accompany chattel mortgage, 143 A.L.R. 1254.

Omission of amount of debt in mortgage or in record thereof (including general description without stating amount) as affecting validity of mortgage, its operation as notice, or its coverage with respect to debts secured, 145 A.L.R. 369.

Right of purchaser or junior encumbrancer who discharges prior lien to be subrogated to additional security held by senior lienor, 145 A.L.R. 738.

Limit of amount specified in mortgage for future advances as affected by repayment of part of the advances, 152 A.L.R. 1182.

Rule which protects mortgagor against effect of his release of equity of redemption to mortgagee as applicable to release by purchaser, to vendor, or rights under executory contract for purchase of land, 156 A.L.R. 1138.

Delivery of deed or mortgage by one or more but not all of the grantors or mortgagors, 162 A.L.R. 892.

Rights as between specific devisee and residuary devisees in respect of blanket mortgage or other lien on the real estate covered by those devises, 168 A.L.R. 701.

Right of mortgagee in possession to compensation or credit for supervision or other services, 170 A.L.R. 181.

Right of holder of mortgage or lien to proceeds of property insurance payable to owner not bound to carry insurance for former's benefit, 9 A.L.R.2d 299.

Conflict of laws as to chattel mortgages and conditional sales of chattels, 13 A.L.R.2d 1312.

Sufficiency of chattel mortgagee's affidavit as to statement of consideration, 45 A.L.R.2d 629.

Conveyance of real property to mortgagee or lienholder as constituting "sale or exchange" rendering owner liable for commissions to broker having exclusive agency or exclusive right to sell, 46 A.L.R.2d 1116.

Power of mortgagor to dedicate land or interest therein, 63 A.L.R.2d 1160.

Real-estate mortgage executed by one of joint tenants as enforceable after his death, 67 A.L.R.2d 999.

Validity of chattel mortgage on stock of goods which mortgagor has right to sell, where mortgagee takes possession of goods before third person's rights attach, 71 A.L.R.2d 1416.

Liability of mortgagee or lienholder of a lease with respect to rents or covenants therein, 73 A.L.R.2d 1118.

Acceptance of past-due interest as waiver of acceleration clause in note or mortgage, 97 A.L.R.2d 997.

Right of mortgage broker to commission where principal violated conditions of agreement, 45 A.L.R.3d 1326.

Right of junior mortgagee whose mortgage covers only a part of land subject to first mortgage to redeem pro tanto, where he was not bound by foreclosure sale, 46 A.L.R.3d 1362.

Validity, construction, and application of provision entitling mortgagee to increase interest rate on transfer of mortgaged property, 92 A.L.R.3d 822.

Right of mortgagee, who acquires title to mortgaged premises in satisfaction of mortgage, to recover, under fire insurance policy covering him as "mortgagee," for loss or injury to property thereafter damaged or destroyed by fire, 19 A.L.R.4th 778.

Vendor and purchaser: recovery for increased mortgage interest costs where vendor fails or refuses to convey, 28 A.L.R.4th 1078.

Mortgagee-lender's duty, in disbursing funds, to protect mortgagor against outstanding or potential mechanics' liens against the mortgaged property, 30 A.L.R.4th 134.

Mortgage foreclosure forbearance statutes - modern status, 83 A.L.R.4th 243.

Discharge of mortgage and taking back of new mortgage as affecting lien intervening between old and new mortgages, 43 A.L.R.5th 519.

Application of Clayton Act or Sherman Act to Merger or Acquisition of Television, Radio, News, or Internet Media Company, 38 A.L.R. Fed. 3d Art. 7.

Federal and State Copyright in Pre-1972 Sound Recordings, 38 A.L.R. Fed. 3d Art. 4.

Controlling Effect of United States Department of Housing and Urban Development (HUD) Regulations upon Mortgages, 38 A.L.R. Fed. 3d Art. 9.