O.C.G.A.
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.
Upon the dismissal of any action by the plaintiff or plaintiffs or when a settlement or final judgment is entered therein, such dismissal,
settlement, or final judgment shall be indicated on the face of the lis pendens record by the clerk of the superior court of each county where the lis pendens is recorded; and the book and page of the records where the final order or judgment is found shall also be indicated on the lis pendens record by the clerk.
History
Ga. L. 1939, p. 345, § 3.
Annotations
JUDICIAL DECISIONS Removal of nonrecordable lis pendens. - Although O.C.G.A. § 44-14-612 provides means for recording the removal of a properly filed notice of lis pendens, a lis pendens not entitled to be recorded may be removed by court order by means and for causes other than those prescribed in that section. Hill v. L/A Mgt. Corp., 234 Ga. 341, 216 S.E.2d 97, 1975 Ga. LEXIS 1126 (1975). Cancelling notice of lis pendens. - Although a trial court improperly considered the merits of certain out-of-state litigation in determining that a lis pendens required cancellation, the cancellation was upheld as the out-of-state court no longer had subject matter jurisdiction over the Georgia property. Boca Petroco, Inc. v. Petroleum Realty II, LLC, 292 Ga. App. 833, 666 S.E.2d 12, 2008 Ga. App. LEXIS 663 (2008), aff’d, 285 Ga. 487, 678 S.E.2d 330, 2009 Ga. LEXIS 303 (2009). Although O.C.G.A. § 44-14-612 now directs the clerk to indicate on the face of the recorded lis pendens notice a dismissal, settlement, or final judgment entered in the underlying action, no reversal
was required based on the clerk’s failure to do so because, following the appeal, the judgment releasing the lis pendens was final and no further appeal was possible. Therefore, any error was harmless. Arko v. Cirou, 305 Ga. App. 790, 700 S.E.2d 604, 2010 Ga. App. LEXIS 749 (2010), cert. denied, No. S10C2080, 2011 Ga. LEXIS 356 (Ga. Apr. 26, 2011). Slander of title. - Summary judgment was properly granted to real property buyers in an action by the sellers, alleging slander of title under O.C.G.A. § 51-9-11, as the sellers failed to assert actionable claims where lis pendens filed against the property were proper and privileged under O.C.G.A. § 51-5-8; further, any failure to remove or properly mark the lis pendens pursuant to O.C.G.A. § 44-14-612 after the sellers voluntarily dismissed the claim did not form the basis of a slander of title claim against the buyers. Exec. Excellence, LLC v. Martin Bros. Invs., LLC, 309 Ga. App. 279, 710 S.E.2d 169, 2011 Ga. App. LEXIS 317 (2011), cert. denied, No. S11C1305, 2011 Ga. LEXIS 758 (Ga. Oct. 3, 2011).
RESEARCH REFERENCES Am. Jur. 2d. 51 Am. Jur. 2d, Lis Pendens, §§ 46, 58. C.J.S. 54 C.J.S., Lis Pendens, § 24 et seq. ALR. Statute requiring filing of formal notice
of lis pendens in certain classes of cases as affecting common-law doctrine of lis pendens in other cases, 10 A.L.R. 306.
Notes of Decisions
Exec. Excellence, LLC v. Martin Bros. Investments, LLC, 710 S.E.2d 169 (Ga. Ct. App. 2011).
· cites it 8× “OCGA § 44-14-612 requires the clerk of the court to indicate on the face of the lis pendens record the dismissal, settlement, or final judgment entered in the underlying action, along with the book and page of the records where the final order or judgment is found.”
Bellamy v. Fed. Deposit Ins., 512 S.E.2d 671 (Ga. Ct. App. 1999).
· cites it 8× “Under power of sale contained in the deed to secure debt, RTC obtained complete legal title by purchase at foreclosure, which it assigned to FDIC.”
Vance v. Lomas Mortg. USA, Inc., 426 S.E.2d 873 (Ga. 1993).
· cites it 8× “OCGA § 44-14-612 now directs the clerk to indicate on the face of the recorded lis pendens notice a dismissal, settlement, or final judgment entered in the underlying action and the book and page in the records where such final order or judgment is to be found. The statute does…”
Boca Petroco, Inc. v. Petroleum Realty II, LLC, 666 S.E.2d 12 (Ga. Ct. App. 2008).
· cites it 4× “OCGA § 44-14-612, which provides for the settlement, dismissal or final judgment in an action to be reflected on the face of the lis pendens record, applies to a properly filed notice of lis pendens.”
Arko v. Cirou, 700 S.E.2d 604 (Ga. Ct. App. 2010).
· cites it 4× “He next relies on the procedural argument that under OCGA § 44-14-612, the court should not have cancelled the lis pendens but should have only ordered the clerk of the court to indicate on the face of the lis pendens record that judgment had been entered in favor of the Cirous.”
Rolan v. Glass, 699 S.E.2d 428 (Ga. Ct. App. 2010).
· cites it 2× “OCGA § 44-14-612 provides: Upon the dismissal of any action by the plaintiff or plaintiffs or when a settlement or final judgment is entered therein, such dismissal, settlement, or final judgment shall be indicated on the face of the lis pendens record by the clerk of the…”
Zohoury v. Zohouri, 463 S.E.2d 141 (Ga. Ct. App. 1995).
· cites it 2× “See OCGA § 44-14-612. The claim of “promissory estoppel” which appellants attempt to raise was not made in any enumeration of error, and their enumerations of error cannot be enlarged to include it.”
Am. S. Homes Holdings LLC v. Erickson (M.D. Ga. 2024).
· cites it 4× “O.C.G.A. § 44-14-612. In Alabama, when the action about which the lis pendens gave notice is "terminated," the Court "may direct" the custodian of the lis pendens (the probate judge) to make an entry giving "notice of the result of the action.”
Phea v. Wells Fargo Home Mortg. (M.D. Ga. 2025).
· cites it 2× “If such notice has been recorded in the Superior Court and if Plaintiff does not file a release of the lis pendens in accordance with O.C.G.A. § 44-14-612 within thirty-one days after entry of judgment in this action, then JAPJI Development Company may file an appropriate motion…”
Roan v. Cranston, 327 S.E.2d 856 (Ga. Ct. App. 1985).
· cites it 2× “OCGA §§ 44-14-612; 15-19-14. Judgment affirmed.”
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