O.C.G.A. § 44-14-324 (2019)
Assignment of liens; rights of assignee
Except as otherwise provided by law, assignments of all liens shall be in writing. Under an assignment, the assignee shall have all the rights of the assignor as provided by law.
History
Ga. L. 1873, p. 42, § 21; Code 1873,
§ 1996; Code 1882, § 1996; Civil Code 1895, § 2822; Civil Code 1910, § 3372;
Code 1933, § 67-1705.
Annotations
JUDICIAL DECISIONS O.C.G.A. § 44-14-324 applies to mortgages. Planter’s Bank v. Prater, 64 Ga. 609, 64 Ga. 610, 1880 Ga. LEXIS 370 (1880); National Bank v. Exchange Bank, 110 Ga. 692, 36 S.E. 265, 1900 Ga. LEXIS 615 (1900). One not payee must have written assignment to foreclose. - Where a promissory note and mortgage upon personal property are combined together in one instrument, one who is not the payee named in the paper cannot foreclose the mortgage in that person’s own name as holder and owner thereof without having a written assignment of the same. Nicholson v. Harris, 90 Ga. 257, 16 S.E. 84 (1892).
Landlord’s lien may be assigned in writing whether the contract between landlord and tenant written or not. I.M. Scott & Co. v. Ward, 21 Ga. App. 535, 94 S.E. 863, 1918 Ga. App. LEXIS 392 (1918). Warehouseman’s attempted pledge of other’s property will not constitute assignment. - An attempt by a warehouseman to pledge property of another in the warehouseman’s possession by means of warehouse receipts will not constitute a transfer of liens thereon. National Exch. Bank v. Graniteville Mfg. Co., 79 Ga. 22, 3 S.E. 411, 1887 Ga. LEXIS 155 (1887).
RESEARCH REFERENCES Am. Jur. 2d. 6 Am. Jur. 2d, Assignments, § 50. C.J.S. 53 C.J.S., Liens, § 15. ALR. Subrogation to prior lien of one who
advances money to discharge it and takes new mortgage, as against intervening lien, 70 A.L.R. 1396.