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Call Now: 904-383-7448The 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.
(Ga. L. 1937, p. 760, § 1; Ga. L. 1945, p. 389, § 1.)
- 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).
- 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).
Cited in Charles S. Martin Distrib. Co. v. First State Bank, 114 Ga. App. 693, 152 S.E.2d 599 (1966).
- 66 Am. Jur. 2d, Records and Recording Laws, §§ 42, 48. 69 Am. Jur. 2d, Secured Transactions, §§ 405, 407 et seq.
- 14 C.J.S., Chattel Mortgages, §§ 168-170.
- Negotiability of title-retaining note, 28 A.L.R. 699; 44 A.L.R.2d 71.
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