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 shall operate as a lien upon the property of the mortgagor only against the mortgagor himself and those having actual notice of the mortgage except from the date of the record of such mortgage.
(Laws 1755, Cobb's 1851 Digest, p. 159; Laws 1768, Cobb's 1851 Digest, p. 162; Laws 1827, Cobb's 1851 Digest, pp. 171, 172; Code 1863, § 1958; Code 1868, § 1946; Code 1873, § 1956; Ga. L. 1876, p. 34, § 1; Ga. L. 1878-79, p. 139, § 1; Code 1882, § 1956; Civil Code 1895, § 2726; Civil Code 1910, § 3259; Code 1933, § 67-108.)
Cross references.- Intangible recording tax, § 48-6-60 et seq.
OPINIONS OF THE ATTORNEY GENERAL
Purpose of section.
- The purpose of O.C.G.A. § 44-14-35 is to provide protection against third parties. 1950-51 Op. Att'y Gen. p. 113.