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2025 Code of Georgia
Title 44 - Property (Chs. 1 — 17)
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens (Arts. 1 — 9)
Article 3 - Conveyances to Secure Debt and Bills of Sale (Pts. 1 — 2)

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Annotations

Notes

Editor’s notes.

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44-14-100, and 44-14-160, and Arts. 2 and 3, Ch. 14, of this title which conflicts with T. 11 shall yield to and be superseded by T. 11.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.

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 Ga. LEXIS 261 (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, 1984 U. S. App. LEXIS 15686 (11th Cir. 1984).

Research References & Practice Aids

Law reviews.

For article surveying recent legislative and judicial developments in Georgia’s real property laws, see 31 Mercer L. Rev. 187 (1979).

Hierarchy Notes:

O. C. G. A. Title 44

O. C. G. A. Title 44, Ch. 14


Universal Citation:
O.C.G.A. Title 44, Ch. 14, Art. 3
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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