Recordation in County Where Property Located Prerequisite to Lien on Land

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Verdict and Judgment
  5. Judgment Liens
  6. Recordation in County Where Property Located Prerequisite to Lien on Land

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  1. For purposes of this Code section, the term "applicable records" shall include deed books, lis pendens dockets, federal tax lien dockets, general execution dockets, and attachment dockets.
  2. No judgment, decree, or order or any writ of fieri facias issued pursuant to any judgment, decree, or order of any superior court, city court, magistrate court, municipal court, or any federal court shall in any way affect or become a lien upon the title to real property until the judgment, decree, order, or writ of fieri facias is recorded in the office of the clerk of the superior court of the county in which the real property is located and is entered in the indexes to the applicable records in the office of the clerk. Such entries and recordings must be requested and paid for by the plaintiff or the defendant, or his attorney at law.
  3. The recording and indexing required by this Code section shall be in addition to and supplemental to all other recording of judgments, decrees, and orders required by law.
  4. This Code section shall only apply to judgments, decrees, or orders rendered after March 25, 1958.

(Ga. L. 1958, p. 379, §§ 1-5; Ga. L. 1966, p. 142, §§ 1-3; Ga. L. 1983, p. 884, § 3-5.)

OPINIONS OF THE ATTORNEY GENERAL

Any and all judgments, orders, decrees, or writs of fieri facias must be recorded and not merely one of them, and they must be recorded in as many of the appropriate records of the clerk's office as included within the definition of "applicable records." 1967 Op. Att'y Gen. No. 67-222.

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judgments, §§ 349, 352.

15 Am. Jur. Pleading and Practice Forms, Judgments, § 18.

C.J.S.

- 49 C.J.S., Judgments, § 772 et seq.

ALR.

- Judgment as lien on unrecorded title to real estate, 43 A.L.R. 44.

Decree on bill of review reversing prior decree as affecting purchaser or mortgagee of real property in the interval between the original decree and the filing of the bill of review, 150 A.L.R. 676.


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