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Call Now: 904-383-7448When executed outside this state, deeds to secure debt and bills of sale to secure debt 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, § 67-1303; Ga. L. 2015, p. 937, § 7/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 out of state, deeds to secure debt and bills of sale may be attested, acknowledged, or probated in the same manner as deeds of bargain and sale.".
- There is nothing in O.C.G.A. § 44-14-62 that in any way changes the rules governing the priority of conditional sales contracts and junior judgments; that section applies only to bills of sale to secure debt and security deeds. Parham v. Heath, 90 Ga. App. 26, 81 S.E.2d 848 (1954).
- Deed of trust to property in Georgia given as security for bonds which was executed out of the State of Georgia, and was attested by a notary public of that state and another witness was properly recorded. In re Lookout Mt. Hotel Co., 50 F.2d 421 (N.D. Ga.), rev'd on other grounds sub nom. Bryan v. Speakman, 53 F.2d 463 (5th Cir. 1931), cert. denied, 285 U.S. 539, 52 S. Ct. 312, 76 L. Ed. 932 (1932).
Mere misdescription of bond in a mortgage to a surety executed under O.C.G.A. § 44-14-62 will not have the effect to render the mortgage invalid as a lien upon the property described, either as to the mortgagor personally or mortgagor's vendees. Emerson v. Knight, 130 Ga. 100, 60 S.E. 255 (1908).
- When the plaintiff, a Georgia citizen, filed a wrongful foreclosure action against, among others, a non-diverse defendant, the removing defendant met the defendant's burden of showing that there was no possibility that the plaintiff could establish a cause of action against the non-diverse defendant because, although it arguably could be held liable for a violation of Georgia foreclosure statutes as a result of acting as foreclosure counsel for the lender, the lender, through the lender's merger predecessor, appeared in the public record before the foreclosure sale. Jackson v. Bank of Am., NA, F.3d (11th Cir. Aug. 22, 2014)(Unpublished).
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).
- 55 Am. Jur. 2d, Mortgages, §§ 89, 90.
- 59 C.J.S., Mortgages, §§ 110, 111.
- Effect of purported subscribing witness's denial or forgetfulness of signature by mark, 17 A.L.R. 1267.
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