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2018 Georgia Code 44-14-141 | Car Wreck Lawyer

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

44-14-141. Extension of time period; affidavit.

The effect regarding third persons of the filing for record of any of the instruments enumerated in Code Section 44-14-140 may in all respects, including the preservation of priority thereof, be extended for successive additional periods, each period not exceeding five years from the date of the filing in the office of the clerk of the superior court wherein any such instrument is recorded, upon the filing by the owner or holder thereof of an affidavit identifying the instrument and stating his interest and the nature and amount unpaid on the obligation still secured thereby. Where the instrument is made to, held, or owned by a trustee or other representative to secure bonds, notes, or other obligations of the maker of the instrument, the affidavit provided for in this Code section may be made and filed by the trustee or other representative.

(Ga. L. 1937, p. 760, § 2; Ga. L. 1943, p. 575, § 1.)

JUDICIAL DECISIONS

O.C.G.A. § 44-14-141 affords to senior grantee means to preserve or restore grantee's priority, and the effect of the record of grantee's instrument as notice to subsequent grantees, by filing with the clerk an affidavit setting forth therein the matters specified in that section. 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.

- 69 Am. Jur. 2d, Secured Transactions, §§ 409, 410 et seq.

C.J.S.

- 14 C.J.S., Chattel Mortgages, §§ 168-174.

ALR.

- Filing a claim against decedent's estate as an unsecured claim, as a waiver of a mortgage or other lien, 2 A.L.R. 1132.

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

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