A mortgage in this state is only security for a debt and passes no title. History. Orig. Code 1863, § 1956; Code 1868, § 1944; Code 1873, § 1954; Code 1882, § 1954; Civil Code 1895, § 2723; Ga. L. 1899, p. 32, § 1; Civil Code 1910, § 3256; Code 1933, § 67-101. Law […]
No particular form is necessary to constitute a mortgage. However, a mortgage must clearly indicate the creation of a lien and must specify the debt for which it is given and the property upon which it is to take effect. History. Orig. Code 1863, § 1957; Code 1868, § 1945; Code 1873, § 1955; Ga. […]
A deed or bill of sale which is absolute on its face and which is accompanied with possession of the property shall not be proved, at the instance of the parties, by parol evidence to be a mortgage only unless fraud in its procurement is the issue to be tried. History. Laws 1837, Cobb’s 1851 […]
In order to admit a mortgage to record, it shall be signed by the maker, attested by an officer as provided in Code Section 44-2-15, and attested by one other witness. In the absence of fraud, if a mortgage is duly signed, witnessed, filed, recorded, and indexed on the appropriate county land records, such recordation […]
When executed outside this state, mortgages shall be signed by the maker, attested by an officer as provided in Code Section 44-2-15, and attested by one other witness. History. Ga. L. 1931, p. 153, § 1; Code 1933, § 67-106; Ga. L. 2015, p. 937, § 4/HB 322. The 2015 amendment, effective July 1, 2015, […]
Mortgages on realty shall be recorded in the county where the land is located. Where a mortgage upon realty is executed to secure the payment of money or other thing of value and the same is not recorded as provided by law but the mortgage is renewed or reexecuted, the mortgage shall operate as a […]
A mortgage or bill of sale to secure debt may embrace all property in possession, or to which the mortgagor or grantor has the right of possession at the time. A mortgage or bill of sale to secure debt given by a person or a corporation to a trustee or trustees to secure an issue […]
A mortgage, deed to secure debt, indenture, deed of trust, or other security agreement or any supplement or amendment thereto relating to real property made by a railroad corporation, electric or gas corporation, other public utility corporation, or any corporation or other entities engaged in the furnishing of telephone service or the production, transmission, or […]
A mortgage which is recorded in an improper office or without due attestation or probate or which is so defectively recorded as not to give notice to a prudent inquirer shall not be held to be notice to subsequent bona fide purchasers. A mere formal mistake in the record shall not vitiate it. History. Orig. […]
All the rules prescribed for the probate of deeds to land when the witnesses are dead, insane, or removed from the state and all the rules prescribed for the acknowledgment before or attestation by consuls or commissioners shall apply to the probate of mortgages. History. Orig. Code 1863, § 1963; Code 1868, § 1951; Code […]
There shall be no tacking of mortgages. History. Orig. Code 1863, § 1964; Code 1868, § 1952; Code 1873, § 1962; Code 1882, § 1962; Civil Code 1895, § 2732; Civil Code 1910, § 3265; Code 1933, § 67-113.
Mortgages may be taken by sureties and guarantors to indemnify them against loss. History. Orig. Code 1863, § 1965; Code 1868, § 1953; Code 1873, § 1963; Code 1882, § 1963; Civil Code 1895, § 2733; Civil Code 1910, § 3266; Code 1933, § 67-114.
If the possession of real property shall be given to the mortgagee, the mortgagor may redeem at any time within ten years from the last recognition by the mortgagee of such right of redemption. History. Code 1863, § 1966; Code 1868, § 1954; Code 1873, § 1964; Code 1882, § 1964; Civil Code 1895, § […]
The fact that a note or other evidence of debt is barred does not prevent a creditor from thereafter availing himself of the mortgage or other security unless the mortgage or other security itself is barred. History. Civil Code 1895, § 2735; Civil Code 1910, § 3268; Code 1933, § 67-116. History of Section. This […]
Subject to the lien of the mortgage, mortgaged property may be sold under other process. If the mortgage is foreclosed, the mortgagee may place his execution in the hands of the officer making the sale, may cause the unencumbered title to be sold, and may claim the proceeds according to the date of his lien. […]
Purchasers at public sales of personal property subject to the lien of a mortgage shall give bond and security in double the value of the property to the officer making the sale and conditioned not to remove the property from the state and for its forthcoming answer to the lien; provided, however, that prior to […]
If other writs of fieri facias are levied on mortgaged property and the property is sold, the mortgage fi. fa. may nevertheless claim the proceeds of the sale if its lien is superior. History. Orig. Code 1863, § 3877; Code 1868, § 3897; Code 1873, § 3973; Code 1882, § 3973; Civil Code 1895, § […]
If a mortgage on realty or personalty is not foreclosed and the equity of redemption is levied on by other writs of fieri facias by consent of the mortgagor and mortgagee and the plaintiff in the fi. fa. levied, the entire estate may be sold and the mortgagee may claim under his lien in the […]
If there are several mortgages of equal rank or if separate amounts due to distinct persons are embraced in the same mortgage and one mortgagee forecloses, the court will control the proceeds of the sale for distribution to the several mortgagees according to their claims. History. Orig. Code 1863, § 1968; Code 1868, § 1956; […]
The holder of any mortgage of real or personal property or both, whether as original mortgagee or as executor, administrator, or assignee of the original mortgagee, may foreclose the mortgage in equity according to the practice of the courts in equitable proceedings as well as by the methods prescribed in this chapter. History. Ga. L. […]
