TITLE 44 PROPERTY

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

ARTICLE 8 LIENS

44-14-591. Effect of failure to record petition, decree, or order as to bona fide purchaser or lienor of real property.

Unless a certified copy of the petition, with schedules omitted, decree, or order has been recorded in any county wherein the bankrupt owns or has an interest in real property, the commencement of a proceeding under the Bankruptcy Reform Act of 1978, P.L. 95-598, codified at 11 U.S.C. Section 101, et seq., shall not be constructive notice to nor shall it affect the title of any subsequent bona fide purchaser or lienor of real property in the county for a present fair equivalent value without actual notice of the pendency of the proceeding; provided, however, that where the purchaser or lienor has given less than fair equivalent value, he or she shall nevertheless have a lien upon the property but only to the extent of the consideration actually given by him or her. The exercise by any court of the United States or of this state of jurisdiction to authorize or effect a judicial sale of real property of the bankrupt within any county in this state shall not be impaired by the pendency of the proceeding unless the copy is recorded in the county, as provided in this Code section, prior to the consummation of the judicial sale.

(Ga. L. 1939, p. 242, § 2; Ga. L. 1960, p. 197, § 1; Ga. L. 1982, p. 3, § 44; Ga. L. 2002, p. 415, § 44.)

The 2002 amendment, effective April 18, 2002, part of an Act to revise, modernize, and correct the Code, in the first sentence, substituted "U.S.C. Section 101, et seq.," for "U.S.C. 101 et seq." and inserted "or she" and "or her".