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2018 Georgia Code 44-14-83 | Car Wreck Lawyer

TITLE 44 PROPERTY

Section 14. Mortgages, Conveyances to Secure Debt, and Liens, 44-14-1 through 44-14-613.

ARTICLE 3 CONVEYANCES TO SECURE DEBT AND BILLS OF SALE

44-14-83. Actions to foreclose and exercise of powers of sale after reversion.

No action to foreclose and no action to recover property under a conveyance of real property to secure debt shall be commenced and no power contained in or conferred by a conveyance of real property to secure debt shall be exercised after the title thereby conveyed has reverted as provided in this part.

(Ga. L. 1941, p. 487, § 6.)

JUDICIAL DECISIONS

Title reverted to grantor after seven years causing grantee to lose security interest.

- Because a security deed did not specify a fixed period for repayment or state that the security interest was perpetual under O.C.G.A. § 44-14-80(a), title to the property reverted to the grantor after seven years and the grantee's security interest in the property was lost. Vineville Capital Group, llc v. McCook, 329 Ga. App. 790, 766 S.E.2d 156 (2014).

Cited in McKenney v. Woodbury Banking Co., 208 Ga. 616, 68 S.E.2d 571 (1952); Williams v. O'Connor, 208 Ga. 801, 69 S.E.2d 726 (1952); Minton v. Raytheon Co., 222 Ga. App. 85, 473 S.E.2d 177 (1996).

Cases Citing O.C.G.A. § 44-14-83

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Brinson v. McMillan, 440 S.E.2d 22 (Ga. 1994).

Cited 8 times | Published | Supreme Court of Georgia | Feb 21, 1994 | 263 Ga. 802, 94 Fulton County D. Rep. 650

...Appellees further contend that Brinson's rights under the security deed are barred by laches. We find that this contention has no merit. Provided the right to foreclose or otherwise recover the land conveyed by the security deed is not barred by the provisions of OCGA § 44-14-83, even if the evidence at trial reveals that an action to collect the debt is barred by the statute of limitation, such would not prevent Brinson from exercising her rights under the security deed....