Registry of Mortgages on Property of Railroads and Other Utilities

  1. Law
  2. Georgia Code
  3. Property
  4. Mortgages, Conveyances to Secure Debt, and Liens
  5. Mortgages
  6. Registry of Mortgages on Property of Railroads and Other Utilities

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  1. 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 entities engaged in the furnishing of telephone service or the production, transmission, or distribution of electricity or made by any receivers, trustees, or other legal officers in possession of or operating any such corporation or other entity shall be recorded on the real property records in the office of the clerk of the superior court in each county in this state in which any of the property is located. Any such security agreement or any supplement or amendment thereto shall be valid only from the time it is filed for record against subsequent creditors, grantees, purchasers, and mortgagees acting in good faith and without notice. Such instruments need not otherwise be filed or refiled except as may be provided by Chapter 3 of Title 40. To the extent that any mortgage, deed to secure debt, indenture, deed of trust, or other security agreement or any supplement or amendment thereto executed before April 8, 1968, has been filed or recorded as provided in this Code section, it need not be refiled or rerecorded under this Code section; and nothing in this Code section shall be deemed to impair the lien or effect of any such instrument executed prior to April 8, 1968, which instrument has been recorded or filed in accordance with the laws of this state applicable thereto prior to April 8, 1968.
  2. A security interest relating to fixtures and personal property of such a corporation shall be perfected as provided in Code Sections 11-9-501 through 11-9-504. Any such prior filing or recording that has been entered on the Uniform Commercial Code index for secured transactions, where no notice of conflict of lien or notice of creditor priority has been given, shall be valid and any such instruments need not otherwise be refiled, rerecorded, or reindexed.

(Code 1933, § 67-108.1, enacted by Ga. L. 1964, p. 368, § 1; Ga. L. 1968, p. 1150, § 1; Ga. L. 1997, p. 970, § 1; Ga. L. 2001, p. 362, § 34.)

The 2001 amendment, effective July 1, 2001, substituted "11-9-501 through 11-9-504" for "11-9-401 through 11-9-403" in the first sentence of subsection (b).

RESEARCH REFERENCES

ALR.

- Constructive notice by record of instrument relating to specific chattels as affected by changes therein, 63 A.L.R. 1456.

Right to enforce contractual lien or reservation of title against property owned by or purchased by municipality, 76 A.L.R. 695.


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