O.C.G.A.
O.C.G.A.

O.C.G.A. § 44-14-160 (2019)

Filing of foreclosure and deed under power; penalty for late payment

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Within 90 days of a foreclosure sale, all deeds under power shall be filed by the holder of a deed to secure debt or a mortgage with the clerk of the superior court of the county or counties in which the foreclosed property is located. The clerk shall record and cross reference the deed under power to the deed to secure debt or mortgage foreclosed upon. The deed under power shall be indexed pursuant to standards promulgated by the Georgia Superior Court Clerks’ Cooperative Authority. (b) In the event the deed under power is not filed within 30 days after the time period set forth in subsection (a) of this Code section, the holder shall be required to pay a late filing penalty of $500.00 upon filing in addition to the required filing fees provided for in subsection (f) of Code Section 15-6-77. Such late filing penalty shall be collected by the clerk of the superior court before filing. (c) The sums collected as a late filing penalty under subsection (b) of this Code section shall be remitted to the governing authority of the county. If the foreclosed property is located within a municipality, the governing authority of the county shall remit the late filing penalty for such property to the governing authority of such municipality within 30 days of its receipt of the penalty. For each late filing penalty for property located within the corporate limits of a municipality, the governing authority of the county may withhold a 5 percent administrative processing fee from the remittance to such municipality.

History

Ga. L. 1975, p. 422, § 1; Ga. L. 2009, p. 614, § 1/SB 141; Ga. L. 2015, p. 937, § 9/HB 322; Ga. L. 2018, p. 1112, § 44/SB 365.

Annotations

Law reviews. For annual survey article on commercial law, see 45 Mercer L. Rev. 87 (1993). For survey article on real property law, see 60 Mercer L. Rev. 345 (2008).

For article, “Buying Distressed Commercial Real Estate: What are the Alternatives?,” see 16 (No. 4) Ga. St. B.J. 18 (2010). For survey article on real property law, see 67 Mercer L. Rev. 193 (2015). For annual survey on real property, see 69 Mercer L. Rev. 251 (2017).

JUDICIAL DECISIONS Property not sold. - Under Georgia law, the homeowner had to first show that the homeowner’s property was sold at a foreclosure in order to state a plausible claim for wrongful disclosure; because the homeowner did not allege that a foreclosure sale occurred, the homeowner failed to state such a claim. Thomas v. Bank of Am., N.A., 557 Fed. Appx. 873, 2014 U.S. App. LEXIS 3162 (11th Cir. 2014). Summary judgment proper once security deed paid in full. - In an action to remove a cloud from title, the trial court properly granted summary judgment to a bank and cancelled a recorded deed in favor of a holder, as: (1) the holder could no longer claim any legal title to the subject property once the underlying debt

thereto was paid; (2) no evidence of valid renewal or extension of the note existed; and (3) the holder lacked standing to challenge any foreclosure on the debt. Northwest Carpets, Inc. v. First Nat’l Bank, 280 Ga. 535, 630 S.E.2d 407, 2006 Ga. LEXIS 341 (2006). Failure to timely file deed. - Failure to timely file a deed following a foreclosure sale under O.C.G.A. § 44-14-160 was not fatal to the confirmation of the sale; confirmation was to pass upon the notice, advertisement, and regularity of the sale. To the extent that any claim was available to a debtor, the appropriate vehicle was a wrongful foreclosure action. Harper v. Ameris Bank, 326 Ga. App. 67, 755 S.E.2d 872, 2014 Ga. App. LEXIS 122 (2014).

RESEARCH REFERENCES C.J.S. 59A C.J.S., Mortgages, § 643. ALR. Posting of notice or other steps preliminary to nonjudicial foreclosure of mortgage or deed of trust as suspending statute limitations, 122 A.L.R. 938.

Recognition of action for damages for wrongful foreclosure - general views, 81 A.L.R.6th 161. Recognition of action for damages for wrongful foreclosure - types of actions, 82 A.L.R.6th 43.

Notes of Decisions
Cited in 20 cases (2 in the last 5 years), 1986–2026 · leading case: You v. JP Morgan Chase Bank, N.A., 743 S.E.2d 428 (Ga. 2013).
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You v. JP Morgan Chase Bank, N.A., 743 S.E.2d 428 (Ga. 2013). · cites it 2× “4 These limited statutory protections are codified in OCGA §§ 44-14-160 through 44-14-162.4 and consist primarily of rules governing the manner and content of notice that must be given to a debtor in default prior to the conduct of a foreclosure sale.”
Mbigi v. Wells Fargo Home Mortg., 785 S.E.2d 8 (Ga. Ct. App. 2016). · cites it 2× “See OCGA §§ 44-14-160 (a); 44-14-162.4. As the recording of the deed under power could have deprived Mbigi of a valuable interest, and therefore defrauded him, the complaint does not show with certainty that Mbigi would not be able to show that the recording of the deed under…”
Babalola v. HSBC Bank, USA, N.A., 751 S.E.2d 545 (Ga. Ct. App. 2013). · cites it 2× “Babalola actually refers to HSBC’s and Litton’s violations of “OCGA § 44-14-160 et [seq.].” Based on Babalola’s references to the statute in conjunction with his references to lack of notice and lack of advertising, however, it is fairly clear that he is asserting a wrongful…”
McCarter v. Bankers Trust Co., 543 S.E.2d 755 (Ga. Ct. App. 2000). · cites it 4× “Further, McCarter, in her complaint, admits that the foreclosure was legally conducted.”
Nw. Carpets, Inc. v. First Nat. Bank of Chatsworth, 630 S.E.2d 407 (Ga. 2006). · cites it 2× “4 But the contention is unavailing because Northwest has failed to produce any evidence of FNBC’s claimed negligence.”
Harper v. Ameris Bank, 755 S.E.2d 872 (Ga. Ct. App. 2014). · cites it 8× “Harper argues (1) that the trial court erred by confirming the sale because (a) Ameris failed to file the post-sale deed under power within the time prescribed by OCGA § 44-14-160; and (b) Ameris failed to correctly advertise the sale; and (2) that the trial court abused its…”
Ray v. Atkins, 421 S.E.2d 317 (Ga. Ct. App. 1992). · cites it 2× “In foreclosure proceedings instituted pursuant to OCGA § 44-14-160 et seq., only a debtor, as defined by statute, is entitled to receive any notice of the initiation of foreclosure other than by advertisement.”
Legacy Communities Grp., Inc. v. Branch Banking & Trust Co., 713 S.E.2d 670 (Ga. Ct. App. 2011). · cites it 2× “13 See OCGA § 44-14-160 et seq. (foreclosure); see generally Daniel F.”
Farris v. First Fin. Bank, 722 S.E.2d 89 (Ga. Ct. App. 2011). · cites it 2× “, 10 Notably, “[i]n foreclosure proceedings instituted pursuant to OCGA § 44-14-160 et seq., only a debtor, as defined by statute, is entitled to receive any notice of the initiation of foreclosure other than by advertisement.”
Niday v. GMAC Mortg., LLC, 284 P.3d 1157 (Or. Ct. App. 2012). “…34.20.135; Ariz Rev Stat Ann §§ 33-807 - 33-821; Ark Code Ann §§ 18-50-101 - 18-50-117; Cal Civ Code §§ 2924 - 2924k; Ga Code Ann §§ 44-14-160 - 44-14-162.4; Haw Rev Stat §§ 667-5 - 667-10; Idaho Code Ann §§ 45-1502 - 45-1515; Me Rev Stat Ann title 14 §§ 6203 - A - 6209; Mich…”
Wendy Jenkins v. McCalla Raymer, LLC, 492 F. App'x 968 (11th Cir. 2012). “Over the appellants’ objections, the district court adopted the magistrate judge’s report and recommendations and dismissed the wrongful foreclosure claim.”
Breitzman v. Heritage Bank, 348 S.E.2d 713 (Ga. Ct. App. 1986). · cites it 2× “The applicable statutory provisions with regard to the foreclosure of realty under a power of sale are OCGA § 44-14-160 et seq. Under those provisions, only Mr.”
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