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Call Now: 904-383-7448When executed outside this state, mortgages shall be signed by the maker, attested by an officer as provided in Code Section 44-2-15, and attested by one other witness.
(Ga. L. 1931, p. 153, § 1; Code 1933, § 67-106; Ga. L. 2015, p. 937, § 4/HB 322.)
The 2015 amendment, effective July 1, 2015, substituted the present provisions of this Code section for the former provisions, which read: "When executed outside this state, mortgages may be attested, acknowledged, or probated in the same manner as deeds of bargain and sale."
Bill of sale executed out of this state, probated before a notary public, is not entitled to record in Georgia where the seal of the notary is not attached and where the official character of the notary is not certified by a clerk of the court of record in the county or city of the residence of the notary. Southeastern Equip. Co. v. Peoples Ins. & Fin. Co., 105 Ga. App. 539, 125 S.E.2d 114 (1962).
Cited in Webb v. United-American Soda Fountain Co., 59 F.2d 329 (5th Cir. 1932); People's First Nat'l Bank v. Coe Mfg. Co., 67 F.2d 312 (5th Cir. 1933); Georgia Power Co. v. Hand, 67 F.2d 314 (5th Cir. 1933); Walker County Fertilizer Co. v. Napier, 184 Ga. 861, 193 S.E. 770 (1937); Parham v. Heath, 90 Ga. App. 26, 81 S.E.2d 848 (1954); Manchester Motors, Inc. v. F & M Bank, 91 Ga. App. 811, 87 S.E.2d 342 (1955).
- 55 Am. Jur. 2d, Mortgages, § 89 et seq.
- 59 C.J.S., Mortgages, § 110.
- Variance from statute of wording of affidavit required by it to accompany chattel mortgage, 143 A.L.R. 1254.
Sufficiency of certificate of acknowledgment, 25 A.L.R.2d 1124.
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