O.C.G.A. § 44-14-140 (2019)
Expiration of notice effected by recording of mortgage or other security instrument on personalty
The notice given to third persons by the filing for record of any mortgage, bill of sale to secure debt, retention of title contract, or other security instrument creating a lien on, retaining title to, or conveying an interest in personal property only shall expire at the end of seven years from the date of the filing thereof for record.
History
Ga. L. 1937, p. 760, § 1; Ga. L. 1945, p. 389, § 1.
Annotations
JUDICIAL DECISIONS Purpose. - O.C.G.A. § 44-14-140 merely had for its purpose the relieving of the party taking the junior conveyance of the necessity of searching the records more than seven years back. City Whsle. Co. v. Harper, 100 Ga. App. 151, 110 S.E.2d 561, 1959 Ga. App. LEXIS 555 (1959). Limited effect of section. - O.C.G.A. § 44-14-140 merely provides that notice expires at the end of seven years from the
date of the filing of instruments for record. Standing alone, that section merely takes from the law the provision that such filing would be notice after the expiration of seven years, nothing more. It does not, in any sense, purport to alter the fact that once notice has been afforded, the respective priorities of the junior and senior instruments are fixed. City Whsle. Co. v. Harper, 100 Ga. App. 151, 110 S.E.2d 561, 1959 Ga. App. LEXIS 555 (1959).
RESEARCH REFERENCES Am. Jur. 2d. 66 Am. Jur. 2d, Records and Recording Laws, §§ 42, 48. 69 Am. Jur. 2d, Secured Transactions, §§ 405, 407 et seq. C.J.S. 14 C.J.S., Chattel Mortgages, §§ 168170.
ALR. Negotiability of title-retaining note, 28 A.L.R. 699; 44 A.L.R.2d 71.