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O.C.G.A. § 44-14-140 — Expiration of notice effected by recording of mortgage or other security instrument on personality | Georgia Code
O.C.G.A. § 44-14-140 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 44 PROPERTY

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

ARTICLE 6 EXPIRATION AND EXTENSION OF INSTRUMENTS AFFECTING PERSONALTY

44-14-140. Expiration of notice effected by recording of mortgage or other security instrument on personality.

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.

(Ga. L. 1937, p. 760, § 1; Ga. L. 1945, p. 389, § 1.)

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).

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).

Cited in Charles S. Martin Distrib. Co. v. First State Bank, 114 Ga. App. 693, 152 S.E.2d 599 (1966).

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, §§ 168-170.

ALR.

- Negotiability of title-retaining note, 28 A.L.R. 699; 44 A.L.R.2d 71.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.