Extension of Time Period; Affidavit

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The effect regarding third persons of the filing for record of any of the instruments enumerated in Code Section 44-14-140 may in all respects, including the preservation of priority thereof, be extended for successive additional periods, each period not exceeding five years from the date of the filing in the office of the clerk of the superior court wherein any such instrument is recorded, upon the filing by the owner or holder thereof of an affidavit identifying the instrument and stating his interest and the nature and amount unpaid on the obligation still secured thereby. Where the instrument is made to, held, or owned by a trustee or other representative to secure bonds, notes, or other obligations of the maker of the instrument, the affidavit provided for in this Code section may be made and filed by the trustee or other representative.

(Ga. L. 1937, p. 760, § 2; Ga. L. 1943, p. 575, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 69 Am. Jur. 2d, Secured Transactions, §§ 409, 410 et seq.

C.J.S.

- 14 C.J.S., Chattel Mortgages, §§ 168-174.

ALR.

- Filing a claim against decedent's estate as an unsecured claim, as a waiver of a mortgage or other lien, 2 A.L.R. 1132.

Negotiability of title-retaining note, 28 A.L.R. 699; 44 A.L.R.2d 71.


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