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
Part 1 - In General
§ 44-14-61. Signing of Deeds to Secure Debt and Bills of Sale - Generally
In order to admit deeds to secure debt or bills of sale to secure debt to record, they shall be signed by the maker, attested by an officer as provided in Code Section 44-2-15, and attested by one other witness.
(Ga. L. 1884-85, p. 124, § 2; Civil Code 1895, § 2773; Civil Code 1910, § 3308; Ga. L. 1931, p. 153, § 1; Code 1933, § 67-1302; Ga. L. 2015, p. 937, § 6/HB 322.)
The 2015 amendment, effective July 1, 2015, substituted the present provisions of this Code section for the former provisions, which read: "In order to admit deeds to secure debt or bills of sale to record, they shall be attested or proved in the manner prescribed by law for mortgages.".
RESEARCH REFERENCES
Am. Jur. 2d.
- 55 Am. Jur. 2d, Mortgages, §§ 89, 90.
C.J.S.- 59 C.J.S., Mortgages, §§ 110, 111.
ALR.
- Imputation to attesting witness of notice of contents of instrument, 4 A.L.R. 716.
Effect of purported subscribing witness's denial or forgetfulness of signature by mark, 17 A.L.R. 1267.
Sufficiency of certificate of acknowledgment, 25 A.L.R.2d 1124.
