2023 CODE OF GEORGIA
Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7)
Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613)
Article 9 - LIS PENDENS (§§ 44-14-610 — 44-14-613)
Section 44-14-610 - Necessity of recordation for operation of lis pendens as to real property

• (a) No action, whether seeking legal or equitable relief or both, as to real property in this state shall operate as a lis pendens as to any such real property involved therein until there shall have been filed in the office of the clerk of the superior court of the county where the real property is located a notice of the institution of the action containing the names of the parties, the time of the institution of the action, the name of the court in which it is pending, a description of the real property involved, and a statement of the relief sought regarding the property, provided that:
  • (1) The real property is involved in a civil action into which realty is actually and directly brought by the pleadings in a pending suit and in which relief is sought regarding that particular property; and
  • (2) Any person with a claim of a legal or equitable interest in such real property shall have the right to intervene and file a motion to object in the civil action to the filing of the lis pendens, and, if so filed, the court shall review and make a determination within 60 days of such filing, unless otherwise extended by the court, as to whether:
    • (A) The filing of the lis pendens meets the requirements of this paragraph. If the court finds that such filing does not meet the requirements of this paragraph, the court shall enter an order canceling the lis pendens; and
    • (B) The filer of the lis pendens shall be required to pay or post into the court's registry a bond in an amount to be determined by the court.

• (b) During the pendency of the civil action, the court may enter an order canceling the lis pendens, on the court's own motion or on the motion of a party to the underlying action, upon a showing that the real property is no longer involved in the pending action.

Amended by 2023 Ga. Laws 338,§ 1-1, eff. 7/1/2023, app. to any lis pendens filed in the office of the clerk of the superior court on or after 7/1/2023.