Title 44

When any judgment has been or shall be rendered in any court of this state upon any note or other evidence of debt given for the purchase money of personal property and where the title for the property has been retained in the vendor, it shall be lawful for the holder of the note…

Any person having a mortgage on personal property to secure a debt not exceeding $100.00 in principal and desiring to foreclose the mortgage may, by himself, his agent, or his attorney, make an affidavit of the amount of the principal and the interest due on the mortgage, which a…

It shall be the duty of the magistrate with whom the affidavit and the mortgage are filed to give notice to the mortgagor of the proceedings at the time of issuing the execution. History. Ga. L. 1880-81, p. 126, § 2; Code 1882, § 3974d; Civil Code 1895, § 2763; Civil Code 1910, § …

When the execution provided for by Code Section 44-14-300 is delivered to a constable, he shall levy on the property wherever it may be found; and, after advertising the same for ten days preceding the sale by giving a full description of the property to be sold and the process u…

(a) The following liens are established in this state: (1) Liens for taxes in favor of the state, the counties, and the municipal corporations; (2) Liens in favor of creditors by judgment and decree; (3) Liens in favor of laborers; (4) Liens in favor of landlords; (5) Liens in fa…

The judgment upon any evidence of debt given for the purchase money of land, where titles have not been made but bond for titles has been given, shall be a lien upon the land and the proceeds of the sale thereof and shall be prior to all other judgments, claims, liens, and encumb…

The vendor’s equitable lien for the purchase money of lands is abolished. History. Orig. Code 1863, § 1988; Code 1868, § 1978; Code 1873, § 1997; Code 1882, § 1997; Civil Code 1895, § 2823; Civil Code 1910, § 3373; Code 1933, § 67-1703.

All liens which are not regulated and fixed as to rank by this title shall rank according to date, the oldest having priority. History. Ga. L. 1873, p. 42, § 20; Code 1873, § 1995; Code 1882, § 1995; Civil Code 1895, § 2821; Civil Code 1910, § 3371; Code 1933, § 67-1704.

Except as otherwise provided by law, assignments of all liens shall be in writing. Under an assignment, the assignee shall have all the rights of the assignor as provided by law. History. Ga. L. 1873, p. 42, § 21; Code 1873, § 1996; Code 1882, § 1996; Civil Code 1895, § 2822; Civ…

All transfers and assignments of rent notes, mortgage notes, and other such evidences of indebtedness which are secured either by contract lien or out of which a lien springs by operation of law shall be sufficiently technical and valid where the transfer or assignment plainly se…

Upon all such transfers or assignments of any rent note, mortgage note, or other evidence of indebtedness mentioned in Code Section 44-14-325, the transfer or assignment shall carry, together with the title thereof, the lien connected with the same without naming or specifically t…

Eubanks, 86 Ga. 616, 12 S.E. 1065, 1891 Ga. LEXIS 31 (1891). See also, Reynolds v. Hindman, 88 Ga. 314, 14 S.E. 471, 1891 Ga. LEXIS 345 (1891). Tenant need not use supplies to make crop. — In the foreclosure of a landlord’s lien for supplies, it is not neces- Characteristics of L…

Landlords shall have a special lien for rent on crops grown on land rented from them, which lien shall be superior to all other liens except liens for taxes, and shall also have a general lien on the property of the debtor which is subject to levy and sale, which general lien sha…

The general liens of landlords shall be inferior to liens for taxes and to the general and special liens of laborers but shall rank with other liens and with each other according to date, the date being from the time of levying a distress warrant. The special liens of landlords f…

A landlord’s special lien for rent shall be enforced by a distress warrant in the same manner as general liens for rent are enforced; and no further allegations in the affidavit to procure a distress warrant to enforce a special lien for rent shall be necessary than are necessary…

Whenever any written contract for rent is transferred by the landlord by written assignment before the maturity of the crops on the lands rented, the special lien in favor of the landlord shall, on the maturity of the crops, arise in favor of the transferee of such rent contract …

The special lien provided for in Code Section 44-14-344 may be foreclosed by the transferee in his own name. The affidavit of foreclosure shall contain a recital of the fact of transfer and such other allegations as are necessary in the foreclosure of special liens by landlords. …

A person who has given a lien under Code Section 44-14-340 or any other lien shall, when giving a new lien under the Code section on the same property to another person, inform such person, if questioned as to the facts, of the amount of such prior lien and to whom it was given. …

Any person who buys any corn or any cotton in the seed from tenants or laborers residing on the land of another as such or from the agent of such tenant or laborer when such tenant or laborer had no right to sell such corn or cotton and after notice of such disability to sell has…

Any person who sells or otherwise disposes of crops upon which there is a lien for rent and advances, before the payment of the rent and advances, without the consent of and with intent to defraud the lienor or assignee of the lien, where loss is thereby sustained by the lienor o…

(a) As used in this Code section, the term: (1) “Lienholder” shall mean the holder of a perfected security interest and its assignees or servicers of the underlying debt obligation. The term shall apply only to the lienholder or an assignee or servicer of the lienholder for unpai…

As used in this part, the term: (.1) “Business day” means any day that is not a Saturday, Sunday, or legal holiday. (1) “Contractor” means a contractor having privity of contract with the owner of the real estate. (2) “Land surveyor” shall have the same meaning as provided in Cod…

Stein Steel & Supply Co., 157 Ga. App. 260, 277 S.E.2d 272, 1981 Ga. App. LEXIS 1769, aff’d, 247 Ga. 631, 278 S.E.2d 377, 1981 Ga. LEXIS 820 (1981). No lien for material furnished subcontractor. — A materialman furnishing material for the improvement of real estate to a subcontra…

— The pre-1984 annotations below were taken from decisions decided under former § 44-14-362. See editor’s note, above. Constitutionality. — The materialmen’s lien statutes do not deprive property owners of a significant property interest without notice and hearing; they serve an i…

(a) The special lien specified in subsection (a) of Code Section 44-14-361 shall be dissolved if the owner, purchaser from owner, or lender providing construction or purchase money or any other loan secured by real estate shows that: (1) The lien has been waived in writing by lien…

(a) Prior to filing a claim of lien, a person having a lien under paragraphs (1) through (8) and (10) of subsection (a) of Code Section 44-14-361 may at such person’s option file a preliminary notice of lien rights. The preliminary notice of lien rights in order to be effective sha…

(a) A preliminary notice of lien rights filed pursuant to Code Section 44-14-361.3 shall be dissolved if it is canceled and a preliminary notice also expires and is dissolved under any of the following conditions: (1) The lien has been waived in writing by the lien claimant; (2) T…

(a) To make good the liens specified in paragraphs (1), (2), and (6) through (9) of subsection (a) of Code Section 44-14-361, any person having a right to a lien who does not have privity of contract with the contractor and is providing labor, services, or materials for the improv…

(a) Upon final payment after all labor, services, or materials have been furnished, a person who has filed a preliminary notice of lien rights shall either deliver a cancellation of the preliminary notice of lien rights at the time of final payment or cause the notice to be canceled…

v. Trust Co., 130 Ga. App. 31, 202 S.E.2d 255, 1973 Ga. App. LEXIS 1211 (1973). Recorded bill of sale superior to subsequently recorded mechanic’s lien. — A bill of sale properly recorded is a superior lien to a mechanic’s lien subsequently duly recorded and foreclosed. Norman v.…

(a) When any person entitled under this part to claim a lien against any real estate located in this state files his or her lien in the office of the clerk of the superior court of the county in which the real estate is located, the owner of the real estate or the contractor emplo…

If services are performed or furnished with respect to any real estate by any registered architect, registered forester, registered land surveyor, registered professional engineer, or registered interior designer who is a member of a partnership or who is an agent or employee of …

(a) Waivers and releases provided for under this Code section shall be limited to waivers and releases of lien and labor or material bond rights and shall not be deemed to affect any other rights or remedies of the claimant. (b) A right to claim a lien or to claim upon a bond may…

Failure of a lien claimant to commence a lien action to collect the amount of his or her claim within 365 days from the date of filing the lien, or failure of the lien claimant to file the statutory notice of commencement of lien action in the county where the property is located, …

(a) An owner or an owner’s agent or attorney, or the contractor or contractor’s agent or attorney, may elect to shorten the time prescribed in which to commence a lien action to enforce any claim of lien by recording in the superior court clerk’s office a notice in substantially …

Lunsford, 29 Ga. App. 398, 115 S.E. 667, 1923 Ga. App. LEXIS 29 (1923). How mechanic may enforce lien. — Whether the mechanic asserts a lien by retention of the property or by surrendering possession and recording the lien, the mechanic may enforce payment by foreclosure proceedi…

Laborers shall also have a special lien on the products of their labor, which lien shall be superior to all other liens except liens for taxes and special liens of landlords on yearly crops. History. Ga. L. 1873, p. 42, § 4; Code 1873, § 1975; Code 1882, § 1975; Civil Code 1895, …

Liens of laborers shall arise upon the completion of the contract of labor but shall not exist against bona fide purchasers without notice until they have been reduced to execution and levied on by an officer. Laborers’ liens which conflict with each other shall rank according to d…

Pawnbrokers, factors, bailees, and acceptors shall have such liens as are designated in this part and in Part 5 of Article 3 of Chapter 12 of this title. Such liens shall be inferior to liens for taxes, liens of which such persons had actual notice before becoming creditors, spec…

Depositories shall have such liens as are prescribed in this part and in Part 5 of Article 3 of Chapter 12 of this title and shall, as to other liens, occupy the same position as mechanics. The liens mentioned in this Code section and in Code Section 44-14-400 shall be lost by a …

Depositories for hire shall have a lien for their hire and may retain possession until it is paid. History. Orig. Code 1863, § 2089; Code 1868, § 2084; Code 1873, § 2110; Code 1882, § 2110; Civil Code 1895, § 2928; Code 1910, § 3501; Code 1933, § 12-703.

(a) A pawnbroker shall have a lien on the pledged goods pawned for the money advanced, interest, and pawnshop charge owed but not for other debts due to him. He may retain possession of the pledged goods until his lien is satisfied and may have a right of action against anyone int…

A factor’s lien extends to all balances on general account and attaches to the proceeds of the sale of goods consigned as well as to the goods themselves. History. Orig. Code 1863, § 2090; Code 1868, § 2085; Code 1873, § 2111; Code 1882, § 2111; Civil Code 1895, § 2929; Civil Cod…

Liens of factors and acceptors shall be satisfied by such sale as the usage of the locality where the factors and acceptors reside has established or may establish. History. Ga. L. 1873, p. 42, § 17; Code 1873, § 1993; Code 1882, § 1993; Civil Code 1895, § 2819; Civil Code 1910, §…

Livery stable keepers shall have a lien for their charges on the stock placed in their care for keeping, which lien shall be superior to other liens except liens for taxes, special liens of landlords for rent, liens of laborers, and all general liens of which they had actual noti…

(a) In addition to the method provided in Code Section 44-14-406, every livery stable keeper may assert the lien on stock placed in his care for keeping by writing a statement of the amount due him for the care of the stock and a description of the stock on which the lien is clai…