2021 Georgia Code
Title 44 - Property
Chapter 2 - Recordation and Registration of Deeds and Other Instruments
Article 1 - Recording
Part 1 - Recording of Deeds and Other Real Property Transactions
§ 44-2-21. Recording Instrument Executed Out of State; Attestation and Acknowledgment; Validity of Attestation by Officer Who Appears to Have No Jurisdiction to Attest the Instrument

1. To authorize the recording of a deed to realty or personalty executed outside this state, the deed must be attested by or acknowledged before:
   1. A consul or vice-consul of the United States, whose certificate under his official seal shall be evidence of the fact;
   2. A judge of a court of record in the state or county where executed, with a certificate of the clerk under the seal of such court of the genuineness of the signature of such judge;
   3. A clerk of a court of record under the seal of the court; or
   4. A notary public or justice of the peace of the county or city of the state or the state and the county, city, or country where executed, with his seal of office attached; if such notary public or justice of the peace has no seal, then his official character shall be certified by a clerk of any court of record in the county, city, or country of the residence of such notary or justice of the peace.
2. A deed to realty must be attested by two witnesses, one of whom may be one of the officials named in subsection (a) of this Code section.
3. Wherever any deed to realty or personalty executed outside this state appears by its caption to have been executed in one state and county and the official attesting witness appears to be an official of another state or county, which official would not have jurisdiction to witness such deed in the state and county named in the caption, the deed, notwithstanding the caption, shall be conclusively considered and construed to have been attested by the officer in the state and county in which he had authority to act.
4. This Code section shall not apply to transactions covered by Article 9 of Title 11.

(Ga. L. 1895, p. 73, § 1; Civil Code 1895, § 3621; Ga. L. 1900, p. 52, § 1; Civil Code 1910, § 4203; Ga. L. 1912, p. 71, § 1; Ga. L. 1924, p. 58, § 1; Code 1933, § 29-409; Ga. L. 1951, p. 261, § 1; Ga. L. 1962, p. 156, § 1; Ga. L. 1982, p. 3, § 44.)

- General provision that no seal is required for notary's attestation of deeds, § 45-17-6.

- For comment discussing the legal effect of concurrent leases under both common law and statutory law in Georgia, see 6 Ga. St. B.J. 320 (1970).

ANALYSIS

• General Consideration
• Decisions Prior to Art. 9, T. 11

Word "seal" is reflective of standard mode of notarization at time of statute's original enactment. 1975 Op. Att'y Gen. No. U75-53 (see O.C.G.A. § 44-2-21).

- Deeds executed in states allowing notaries public to use a rubber stamp in indelible ink, in lieu of a raised seal, qualify for recordation in Georgia. 1975 Op. Att'y Gen. No. U75-53.