Title 44 — Title 44

Approval of bond. Real property bond, §44-14-364. MECHANICS’ AND MATERIALMEN’S LIENS —Cont’d Release upon payment. Affidavit of nonpayment, §44-14-366. Unconditional release upon final payment, §44-14-366. Waiver of lien and payment bond rights, §44-14-366. Service of process. Pre…

Affidavit of nonpayment, §44-14-366. Unconditional release upon final payment, §44-14-366. Special liens on personal property, §44-14-363. Waiver.

(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.…

Possession of property surrendered to debtor, §44-14-363. Mortgages. Admission into evidence, §44-14-38. Cancellation, §44-14-4. Constructive notice. Effect as, §44-14-33. Defective record as notice, §44-14-39. Foreclosures. Vacation of judgments prior to sale. Cancellation, §44-…

Forthcoming bond by purchaser of mortgaged personalty, §44-14-45. Personal property. Foreclosure of liens on personalty. Bond by defendant for possession, §44-14-550. Judgment on replevy bonds, §44-14-551. Foreclosure of security interest on personal property. Before debt due, §4…

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 …

Land registration. Service upon municipality, §44-2-69. 1064 INDEX MECHANICS. Hirer of labor or services. Bailments. Hiring. Labor or services, §§44-12-71 to 44-12-74. MECHANICS’ AND MATERIALMEN’S LIENS, §§44-14-360 to 44-14-369. Actions for recovery of amount of claim. Commencem…

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, …

Special lien; priorities. When laborers’ liens arise; priority of conflicting liens. 44-14-412. personal property found therein; disposition of personal property. Disposition of proceeds of sale; one-year limitation for claims of owner. PART 6 PART 5 JEWELERS PAWNBROKERS, FACTORS,…

Expiration of notice effected by recording security interest in personal property, §§44-14-140 to 44-14-144. Recordation as constructive notice, §44-14-33. Recorded transfer of property subject to open end clause, §44-14-2. Nonresidents. Land registration, §44-2-67. Land registra…

Any mortgagor who has paid off his or her mortgage may present the paid mortgage to the clerk of the superior court of the county or counties in which the mortgage instrument is recorded, together with the order of the mortgagee or transferee directing that the mortgage be cancel…

All the rules prescribed for the probate of deeds to land when the 466 44-14-40 MORTGAGES, SECURITY, LIENS 44-14-42 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 ap…

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…

Gratuitous deposits, §44-14-410. Authorization to open packages, etc., §44-14-410. Repossessor of motor vehicle as gratuitous depository of personal property found therein, §44-14-411.1. Sale of property at public auction, §44-14-411. Disposition of proceeds of sale, §44-14-412. …

Restrictions, §44-12-131. Liens, §44-14-400. Action for interference of lien on pledged goods, §44-14-403. Pledged goods, §44-14-403. Priorities, §44-14-400. Redemption of goods after maturity date, §44-14-403. Satisfaction, §44-14-408. 1094 INDEX PAWNBROKERS —Cont’d Local laws. …

44-14-405. Satisfaction of factors’ and acceptors’ liens. 44-14-406. Livery stable keepers; lien by retaining possession; priorities. 44-14-407. Procedure for livery stable keepers acquriing lien; recording; enforcement. 44-14-408. Satisfaction of liens of pawnbrokers and livery …

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, §…

Priorities, §44-14-406. Retention of possession, §44-14-406. Satisfaction, §44-14-408. Recordation. Lien by describing and recording amount due, §44-14-407. LIVESTOCK. Liens. Officially established liens, §44-14-320. Offspring of stallions, jacks or blooded or imported bulls or b…

Special liens, §44-14-409. Livery stable keepers, §44-12-76. Diligence required, §44-12-76. Hirer of labor or services generally, §§44-12-71 to 44-12-78. 919 INDEX BAILMENTS —Cont’d Hiring —Cont’d Loss of thing hired, §44-12-66. Hirer of labor or services, §44-12-74. Obligations …

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.

Sale of property at public auction. Claims of owners, §44-14-412. Notice of sale, §44-14-411. Notice to owner, §44-14-410. Repossessors of motor vehicles. Intent to dispose of personal property, §44-14-411.1. Repossessors of motor vehicles, §44-14-411.1. Disposition of personal p…

Repossessors of motor vehicles, §44-14-411.1. Disposition of personal property found within, §44-14-411.1. Sale of property at public auction, §44-14-411. Disposition of proceeds, §44-14-412. One-year limitation for claims of owner, §44-14-412. Loss by surrender to debtor of prop…

After 60 days, §44-14-463. Disposition of proceeds, §44-14-465. Notice, §44-14-464.

Priorities, §44-14-401. Naked deposits, §44-14-410. Authorization to open packages, etc., §44-14-410. Repossessor of motor vehicle as naked depository of personal property found therein, §44-14-411.1. Sale of property at public auction, §44-14-411. Disposition of proceeds of sale…

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; C…

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, § …

In order to enforce his lien for materials furnished and work done, any jeweler or any other person, firm, or corporation engaged in the business of repairing watches, clocks, jewelry, and other articles of similar character may sell those articles upon which charges for repairs, …

Before any sale is made as provided in Code Section 44-14-430, the person, firm, or corporation making the sale shall give 30 days’ notice thereof by posting a notice of the sale before the courthouse door of the county in which the repairs were made. Such notice shall give the na…

Distress warrants. Execution and levy of distress warrants, §44-7-79. Sharecroppers. Sale or disposal without landlord’s consent. Illegality, §44-7-103. Recovery of crops, §44-7-102. Land sales act. Sale of subdivided land generally, §§44-3-1 to 44-3-13. Laundries’ lien. After 90…

One-year limitation for claims of owner, §44-14-433. Publication and mailing of notice, §44-14-431. Public auction before courthouse, §44-14-432. JEWELRY.

Burial objects defined, §44-12-260. Exemptions from levy and sale. Statutory exemptions, §44-13-100. Laundries’, cleaners’ and tailors’ lien, §§44-14-450 to 44-14-456. 933 INDEX CLUBHOUSES. Georgia land sales act. Registration statements, §44-3-3. COMMERCIAL REAL ESTATE BROKER LIE…

Treatment when debt due in installments, §44-14-191. Void or irregular sale. Rights of purchasers, §44-14-189. Sale without foreclosure and claim by mortgagee, §44-14-47. Third persons. Defenses by third persons on foreclosure of mortgage on real estate, §44-14-185. MORTGAGES —Co…

Wrongful sale or removal of mortgaged property. Property subject to mortgage deed to personal property, §44-14-6. Gas. Recordation of mortgage relating to real and personal property made by gas corporation, §44-14-36. Georgia land sales act. Exemption of offers or dispositions ma…

All persons, firms, or corporations engaged in the business of laundering, cleaning, tailoring, altering, repairing, or dyeing clothing, goods, wearing apparel, shoes, carpets, rugs, or other such articles shall, for the agreed price or the reasonable value of their services in la…

Offspring of stallion, jack, bull or boar for services, §44-14-511. Pawnbrokers’, factors’, bailees’ and acceptors’ liens, §44-14-400. Rank according to date, §44-14-323. Watercraft officers and employees lien, §44-14-510. Livery stable keepers’ liens, §44-14-406. Mechanics’ and …

Sale of goods within 120 days where notice provided, §44-14-453. Disposition of proceeds, §44-14-455. Limitation of actions. Foreclosure of liens on personalty, §44-14-550. Health care facility medical practice lien on action for care and treatment. Action to enforce lien, §44-14…

Before any sale shall be made as provided in subsection (a) of Code Section 44-14-453, the person, firm, or corporation making the sale shall give ten days’ notice thereof by mail to the last known address of the owner if known, or otherwise to the last known address of the person…

The proceeds of any sale made under subsection (a) of Code Section 44-14-453 shall be applied first to the payment of the lien for services rendered by the person, firm, or corporation making the sale for its services in laundering, cleaning, tailoring, altering, repairing, or dyei…

Enforcement of lien; retention of possession; attachment to articles acquired after delivery made. Priority; method of foreclosure. Sale of goods after 90 days; sale of goods within 120 days where notice provided. Notice of sale. Disposition of proceeds of sale. Cumulative remedi…

fa. may claim proceeds of sale. 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, § …

All persons, firms, or corporations engaged in the business of servicing or repairing bicycles, motor scooters, mopeds, motorcycles, lawn mowers, garden equipment, or other such related equipment shall, for the agreed price or the reasonable value of their services in servicing or…

Sales, §44-14-464. Priorities, §44-14-462. Retention of possession, §44-14-461. Sales. After 60 days, §44-14-463. Disposition of proceeds, §44-14-465. Notice, §44-14-464. EQUITY. Decrees. Partition. Effect on title, §44-6-142. Molding, §44-6-141. Jurisdiction. Equitable partition…

A lien under this part shall have the same rank as the special lien of laborers on the products of their labor and may be foreclosed in the same manner. History. Code 1981, § 44-14-462, enacted by Ga. L. 1989, p. 1489, § 1. 44-14-463. Sale of goods after 60 days.

In order to satisfy the lien of the person, firm, or corporation performing the service or repair, whenever any bicycles, motor scooters, 821 44-14-465 mopeds, motorcycles, lawn mowers, garden equipment, or such other related equipment remains in the possession of any person, firm,…

Before any sale shall be made as provided in Code Section 44-14-463, the person, firm, or corporation making the sale shall give ten days’ notice thereof by certified mail or statutory overnight delivery evidenced by return receipt to the last known address of the owner if known, o…