Title 44

United States (In re Rodriquez), No. 09-93431-JB, No. 10-9006-JB, 2010 Bankr. LEXIS 955 (Bankr. N.D. Ga. Mar. 23, 2010). Health savings account does not constitute a right to receive a disability, illness, or unemployment benefit for the purposes of O.C.G.A. § 44-13100(a)(2)(C), n…

Every debtor seeking the benefit of Code Section 44-13-100 or, if he refuses, his wife or any person acting as her next friend shall make out a schedule of the property claimed to be exempt and shall return the schedule to the judge of the probate court of the county without makin…

Upon an application by a debtor, it shall be the duty of the county surveyor or any other surveyor if there shall be no county surveyor to lay off the land allowed to the debtor’s family under this article and make a plat of the same, which plat shall be returned to the judge of …

Should any creditor, for any cause, desire to dispute the propriety of the survey or the value of the improvements, he may make application to the judge of the probate court and give notice to the debtor thereof. Thereafter, the judge may appoint three appraisers to view the surv…

If the debtor in value owns real property in town which exceeds the sum of $500.00 and it cannot be so divided as to give that amount to his family, he may give notice to the officer levying thereon. When the proceeds of the sale are distributed, the court shall order $500.00 of …

If, from any cause, the exempt land has not been laid off when the remainder of the land is offered for sale, the purchaser shall buy subject to the encumbrance of the homestead if he was given notice of the exemption. History. Orig. Code 1863, § 2018; Code 1868, § 2018; Code 187…

The property exempt under this article shall be for the use and benefit of the family of the debtor from whose estate the property has been exempted and allowed. Upon the death of the wife or her subsequent marriage, the property shall remain for the support and benefit of the mino…

Property exempted from levy and sale as provided for in this article shall not be exempt from levy and sale for the purchase money or for the state and county or municipal taxes. History. Ga. L. 1874, p. 19, § 1; Code 1882, § 2046a; Civil Code 1895, § 2873; Civil Code 1910, § 342…

As against a domesticated judgment from another state, a judgment debtor resident in Georgia shall be entitled to assert, in addition to any other exemption under Georgia law, an exemption from levy and sale and any other process equal to the exemption which would be provided to …

Method of obtaining exemption. Survey and plat of exempted land; return to probate court; recordation. Objections to survey or to valuation of improvements; application to probate court; appointment of appraisers; alterations in survey. Town property worth more than $500.00; sale…

“Dependent” defined. Application for exemption by spouse, minor children or representative of dependents upon debtor’s refusal to apply. Supplementation of exemption. Application for exemptions; to whom made; contents; schedule of property and list of creditors; effect of failure …

(a) As used in this Code section, the term “original party” means, without limitation, any bank, trust company, or other corporation into which the grantee of any real estate mortgage or deed conveying realty as security for a debt shall be merged or consolidated. In addition to …

When a search has been made in any of the cases provided by Code Sections 44-14-8 through 44-14-10 by the levying officer for the purpose of levying the execution and the property described therein is not found at the defendant’s home, if the defendant fails or refuses to direct …

Any person who defrauds another in the sale or disposition of any property, either real or personal, by falsely representing that the property is not subject to any lien while knowing that the property is subject to a lien or any person who fraudulently makes a second deed of con…

(a) As used in this Code section, the term: (1) “Borrower” means the maker of the promissory note evidencing the loan to be delivered at the loan closing. (2) “Collected funds” means funds deposited, finally settled, and credited to the settlement agent’s escrow account. (3) “Disb…

(a) For purposes of this Code section, the term: (1) “Agent” means an individual with a place of business in this state at which he or she is authorized to accept inquiries, notices, and service of process on behalf of a vacant or foreclosed real property owner. (2) “Department” …

(a) As used in this Code section, the term “conveyance of real property” means a conveyance or other transfer of an interest or estate in real property. (b) A restriction or covenant running with the land applicable to the conveyance of real property that requires a transferee or…

(a) Whether or not it contains clauses providing therefor, a real estate mortgage or deed conveying realty as security for a debt shall secure advances made: (1) To pay taxes; (2) To pay premiums on insurance on the property; (3) To pay sums due to the holder of a deed to secure …

(a) As used in this Code section, the term: (1) “Account” means the loan, note, or other such agreement executed by the parties. (2) “Finance charge” means interest and other charges agreed to by the parties. (3) “Grantee” means heirs, devisees, executors, administrators, success…

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…

(a) As used in this Code section, the term: (1) “Borrower” means a person who has secured an indebtedness with a security interest in real property or a person who has taken an interest in real property subject to an outstanding security interest in the real property and has noti…

After having made a mortgage deed to personal property or a bill of sale to secure debt, any person who sells or otherwise disposes of the property or causes the property to be moved outside of the state before the payment of the mortgage debt or the debt secured by the bill of s…

After having given a bill of sale to secure debt or other security instrument to any motor vehicle, it shall be unlawful for any person to sell or otherwise dispose of the motor vehicle or to cause the motor vehicle to be moved outside of the state before the payment of the debt …

Any mortgagor, any giver of a purchase money lien, a lien for rent, or any lien created by contract between the parties, or the holder or possessor of any property under such mortgage or liens who runs off, removes, hides, or in any way disposes of the property under the mortgage…

Any person who intentionally aids or abets in any violation of Code Section 44-14-8 shall be guilty of a misdemeanor as principal in the county where he aided and abetted in the offense, and his trial and conviction shall not be dependent on the trial and conviction of any other …

Tyner, 139 Ga. 765, 78 S.E. 185, 1913 Ga. LEXIS 596 (1913). Deposit of deeds as collateral security for a debt does not create such a lien on the land as can be foreclosed at law. English v. McElroy, 62 Ga. 413, 1879 Ga. LEXIS 546 (1879). Mortgage as basis of claim to property or…

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 1…

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,…

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…

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.

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 s…

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) 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 e…

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…

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. C…

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; 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, § …

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 accor…

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; …

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, § …

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 li…

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. Histor…

Glenn, 87 Ga. 414, 13 S.E. 565, 1891 Ga. LEXIS 177 (1891). Action for damages for breach of bond with a prayer of foreclosure. — An action of an equitable nature under O.C.G.A. § 44-14-49 by a building and loan association for damages resulting from the breach of a bond given to …

Woodward, 133 Ga. 467, 66 S.E. 160, 1909 Ga. LEXIS 245 (1909). Effect on insurance coverage. — A stipulation in an insurance policy that change of title or possession will render the policy void, does not cover a change effected by taking a security deed under O.C.G.A. § 44-14-60…