2021 Georgia Code
Title 44 - Property
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens
Article 3 - Conveyances to Secure Debt and Bills of Sale
- Ga. L. 1962, p. 156, ยง 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44-14-100, and 44-14-160, and Arts. 2 and 3, Ch. 14, of this title which conflicts with T. 11 shall yield to and be superseded by T. 11.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.
Law reviews.- For article surveying recent legislative and judicial developments in Georgia's real property laws, see 31 Mercer L. Rev. 187 (1979).
JUDICIAL DECISIONS
Recorded deed constitutes notice.
- A duly filed and recorded deed to secure debt is notice of all the rights which the grantee has thereunder. Cummings v. Johnson, 218 Ga. 559, 129 S.E.2d 762 (1963).
Creditor reliance on judicial determination justified.- Creditors were entitled to rely upon a previous judicial determination that their secured property had not been transferred and to proceed with their foreclosure sale, following the filing of a bankruptcy petition by the alleged transferee, on the assumption that the property was not part of the bankruptcy estate. Albany Partners, Ltd. v. Westbrook, 749 F.2d 670 (11th Cir. 1984).
Cited in Luther P. Stephens Inv. Co. v. Berry Sch., 188 Ga. 132, 3 S.E.2d 68 (1939).
PART 1 IN GENERAL
