§ 44-2-164. Assignment or Negotiation of Creditor’s Certificate; Effect of Transfer of Indebtedness; Surrender and Cancellation of Certificate; Order of Cancellation; Notation
The creditor’s certificate shall be assignable or negotiable to the same extent as the note or other evidence of indebtedness secured thereby may be, but assignments or transfers of the creditor’s certificate need not be noted on the title register. A transfer or assignment of the indebtedness shall operate to transfer the creditor’s certificate securing […]
§ 44-2-194. Action Against Fund — Parties Defendant
If an action contemplated by Code Section 44-2-193 is brought to recover for loss or damage arising only through the legal operation of this article, the state treasurer shall be the sole defendant. If the action is brought to recover for loss or damage arising on account of any registration made or procured through fraud, […]
§ 44-2-165. Sale by Holder of Creditor’s Certificate; Application for Transfer to Purchaser; Opportunity to Object to Transfer; Order of Application of Sale Proceeds
If the debt secured by a creditor’s certificate or any part thereof becomes due and unpaid, the holder of the creditor’s certificate may, after advertising the property for sale in the manner prescribed by law for advertising sheriff’s sales of land, sell the property at auction before the courthouse door of the county and sell […]
§ 44-2-195. Action Against Fund — Execution on Judgment; Payment From Fund; Liability of Other Defendants to Plaintiff and to Fund
If judgment shall be rendered for the plaintiff in any action brought pursuant to Code Section 44-2-193, execution shall issue against any defendants other than the state treasurer. If such execution is returned unsatisfied in whole or in part or if there are no such defendants, the clerk of the court in which the judgment […]
§ 44-2-166. Transfer to Secure Debt; Notation of Bond for Title or to Reconvey
Nothing in this article shall prevent the owner of land from transferring his registered title as security for debt or from causing the title to be registered in the name of the creditor by transferring to the creditor as if he were an ordinary vendee of the registered title; and, if bond for title or […]
§ 44-2-167. Validity and Priority of Unrecorded Transfers of Owner’s Certificate to Registered Lands
Unrecorded transfers of owner’s certificate to registered lands shall have the same validity as unrecorded deeds of conveyance. The validity and priority of unrecorded transfers shall be governed by Code Sections 44-2-1, 44-2-3, and 44-2-4. History. Ga. L. 1917, p. 108, § 37; Code 1933, § 60-507; Ga. L. 1989, p. 563, § 6. The […]
§ 44-2-169. Personal Representative as Trustee; Right of Personal Representative to a Commission; Power of Heirs to Require Transfer
Subject to the powers, rights, and duties of administration, the personal representative of the deceased owner shall hold registered real estate as trustee for the persons beneficially entitled thereto by law. Unless otherwise entitled by law to commissions, the personal representative shall be entitled to no commissions thereon except in cases of necessary sales in […]
§ 44-2-170. Right of Personal Representative to Have Registered Land Transferred to Him Where Such Land Transferred to Heirs Before His Appointment; Action Against Heirs Who Have Improperly Appropriated Land
After a transfer of registered land has been made to the heirs at law or to the widow claiming to be the sole heir as stated in Code Section 44-2-131, a personal representative appointed at any time thereafter to administer the estate of the decedent shall not be entitled to have such registered land transferred […]
§ 44-2-171. Procedure for Ascertaining, and Transfer To, Heirs or Beneficiaries
Whenever an administrator who has caused registered land to be transferred into his name stands ready to be discharged, if it is not necessary to sell such registered land for the purposes of administration and it should properly go to the heirs at law of the decedent, such administrator may institute a proceeding substantially similar […]
§ 44-2-172. Transfer by Clerk Pursuant to Judgment; Production of Copy of Decree and Order
Wherever, as the result of a proceeding in any court, it is adjudged that a transfer of registered land should be made, such transfer may be made by the clerk upon the production of a certified copy of the decree showing in what book and page of the minutes of the court the decree is […]