Recording of Deeds to Secure Debt and Bills of Sale to Secure Debt; Effect of Failure to Record

  1. Law
  2. Georgia Code
  3. Property
  4. Mortgages, Conveyances to Secure Debt, and Liens
  5. Conveyances to Secure Debt and Bills of Sale
  6. In General
  7. Recording of Deeds to Secure Debt and Bills of Sale to Secure Debt; Effect of Failure to Record

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  1. Every deed to secure debt shall be recorded in the county where the land conveyed is located. Every bill of sale to secure debt shall be recorded in the county where the maker, if a resident of this state, resided at the time of its execution and, if a nonresident, in the county where the personalty conveyed is located. Deeds to secure debt or bills of sale to secure debt not recorded shall remain valid against the persons executing them.
  2. A deed to secure debt shall not be recorded unless it includes the mailing address of the grantee thereof. Failure to comply with this provision shall not be a defense to any foreclosure or grounds to set aside any foreclosure of any deed to secure debt.

(Ga. L. 1884-85, p. 124, § 1; Civil Code 1895, § 2772; Civil Code 1910, § 3307; Ga. L. 1931, p. 153, § 1; Code 1933, § 67-1305; Ga. L. 1989, p. 859, § 1; Ga. L. 2015, p. 937, § 8/HB 322.)

The 2015 amendment, effective July 1, 2015, in subsection (a), inserted "to secure debt" twice in the last sentence and deleted the former last sentence, which read: "The effect of the failure to record deeds and bills of sale shall be the same as the effect of the failure to record a deed of bargain and sale.".

Cross references.

- Intangible recording tax, § 48-6-60 et seq.

RESEARCH REFERENCES

Am. Jur. 2d.

- 66 Am. Jur. 2d, Records and Recording Laws, §§ 59, 153 et seq.

C.J.S.

- 26A C.J.S., Deeds, § 155 et seq. 59 C.J.S., Mortgages, § 192 et seq.

ALR.

- Reinstatement and restoration of mortgages released or discharged without authorization, as against subsequent purchasers, lienholders, judgment creditors, and the like, without notice, 35 A.L.R.2d 948.


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