Protection of Good Faith Purchases and Liens Without Notice Against Unrecorded Liens or Conveyances

  1. Law
  2. Georgia Code
  3. Property
  4. Recordation and Registration of Deeds and Other Instruments
  5. Recording
  6. Recording of Deeds and Other Real Property Transactions
  7. Protection of Good Faith Purchases and Liens Without Notice Against Unrecorded Liens or Conveyances

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  1. All innocent persons, firms, or corporations acting in good faith and without actual notice which purchase real or personal property for value or obtain contractual liens on the property from distributees, devisees, legatees, or heirs at law holding or apparently holding real or personal property by will or inheritance from a deceased person shall be protected in the purchase of the property or in acquiring such a lien thereon as against unrecorded liens or conveyances created or executed by the deceased person upon or to the property in like manner and to the same extent as if the property had been purchased or the lien acquired from the deceased person.
  2. All innocent persons, firms, or corporations which purchase real or personal property for value or obtain contractual liens on the property from a surviving joint tenant, or surviving joint tenants, holding or apparently holding real or personal property as a surviving joint tenant, or surviving joint tenants, shall be protected in the purchase of the property or in acquiring such a lien thereon as against unrecorded liens or conveyances created or executed by a deceased joint tenant upon or to the property, and as against other unrecorded instruments resulting in a severance of any joint tenant's interest, in like manner and to the same extent as if the property had been purchased or the lien acquired from the deceased joint tenant and surviving joint tenant, or surviving joint tenants.

(Ga. L. 1912, p. 143, § 1; Code 1933, § 67-2502; Ga. L. 1984, p. 1335, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 66 Am. Jur. 2d, Records and Recording Laws, § 144.

ALR.

- Priority, as between holder of unfiled or unrecorded chattel mortgage who secures possession of goods on chattels, and subsequent purchaser or encumbrancer, 53 A.L.R.2d 936.

Construction and effect of "marketable record title" statutes, 31 A.L.R.4th 11.


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