§ 44-2-44. Fraudulent Acts by Office of Clerk Personnel; Penalties
Any clerk, deputy clerk, special clerk, or other person performing the duties of the office of clerk who: (1) fraudulently enters a decree of registration without authority of the court; (2) fraudulently registers any title; (3) fraudulently makes any notation or entry upon the title register; (4) fraudulently issues any certificate of title, creditor’s certificate, […]
§ 44-2-27. Recording of Plat — When Deemed Recorded
When any plat is filed by the clerk of superior court, such filing shall be deemed a recording of the plat. History. Ga. L. 1937, p. 746, § 2; Ga. L. 2016, p. 193, § 6/HB 1004. The 2016 amendment, effective January 1, 2017, substituted the present provisions of this Code section for the former […]
§ 44-2-28. Recording of Plat or Copy of Plat — Incorporation by Reference
When any deed, mortgage, or other instrument conveying an interest in or creating a lien on real property refers to the boundaries, metes, courses, or distances of the real estate delineated or shown on any plat of the property or on any blueprint, tracing, photostatic or digital copy, or other copy of the plat which […]
§ 44-2-29. Recording of Plat or Copy of Plat — Ratification of Record Made Prior to Statutory Authorization; Effect of Incorporation by Reference of Plat Prior to Authorization
Any plats or any blueprints, tracings, photostatic copies, or other copies of plats recorded prior to March 29, 1937, in the manner described in Code Section 44-2-26 are declared to have been duly recorded; and the reference in any deed, mortgage, or other instrument executed prior to March 29, 1937, to the boundaries, metes, courses, […]
§ 44-2-30. Filing and Recording of Notice of Settlement
Any party, or his or her legal representative, to a settlement which will convey legal or equitable title to real estate or any interest therein or create any lien thereon by way of a deed to secure debt, mortgage, or other instrument may file an instrument to be designated a “notice of settlement” with the […]
§ 44-2-35. Short Title
This part shall be known and may be cited as the “Uniform Real Property Electronic Recording Act.” History. Code 1981, § 44-2-35 , enacted by Ga. L. 2009, p. 695, § 1/HB 127.
§ 44-2-15. Officers Authorized to Attest Registrable Instruments
Any of the instruments enumerated in Code Section 44-2-14 may be attested by a judge of a court of record, including a judge of a municipal court, or by a magistrate, a notary public, or a clerk or deputy clerk of a superior court or of a city court created by special Act of the […]
§ 44-2-16. Effect of Acknowledgment Subsequent to Execution
If subsequent to its execution a recordable instrument is acknowledged in the presence of any of the officers referred to in Code Section 44-2-15, that fact, certified on the deed by such officer, shall entitle it to be recorded. History. Laws 1785, Cobb’s 1851 Digest, p. 164; Laws 1827, Cobb’s 1851 Digest, pp. 171, 172; […]
§ 44-2-17. Validity of Attestation by a State or County Officer Who Appears to Have No Jurisdiction to Attest the Instrument
As used in this Code section, the term “state” means any one of the states of the United States and any territories and possessions of the United States, including the District of Columbia, Puerto Rico, and the Virgin Islands. Wherever a deed, mortgage, bond for title, or other recordable instrument appears by its caption to […]
§ 44-2-2. [Effective July 1, 2023. See note.] Duty of Clerk to Record Certain Transaction Affecting Real Estate and Personal Property; Priority of Recorded Instruments; Electronic Filings; Effect of Incorrect Tax Parcel Identification Number; Effect of Recording on Rights Between Parties to Instruments
The clerk of the superior court shall file, index on a computer program designed for such purpose, and permanently record, in the manner provided constructively in Code Sections 15-6-61 and 15-6-66, the following instruments conveying, transferring, encumbering, or affecting real estate and personal property: Deeds; Mortgages; Liens as provided for by law; Maps or plats […]