Syfert Injury Law Firm
Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448The grantor's right to a reconveyance of the property upon complying with the contract shall not be affected by any liens, encumbrances, or rights which would otherwise attach to the property by virtue of the title being in the grantee; but the right of the grantor to a reconveyance shall be absolute and permanent upon his complying with his contract with the grantee according to the terms. In the event of the prior death of the grantor, such a reconveyance shall be valid and effective to vest title in the heirs, personal representatives, or successors in title of the deceased grantor as their interests may appear.
(Ga. L. 1871-72, p. 44, § 2; Code 1873, § 1971; Code 1882, § 1971; Civil Code 1895, § 2775; Civil Code 1910, § 3310; Code 1933, § 67-1307; Ga. L. 1970, p. 176, § 1.)
The right of the mortgagee under O.C.G.A. § 44-14-66, will be defeated by payment of the secured debt, either by the vendor or the vendor's assignee. Gilliard v. Johnston & Miller, 161 Ga. 17, 129 S.E. 434 (1925).
The original holders of the bond for title did not have either a fee simple or mortgageable interest in the land which they could convey to the purchaser at the first sheriff's sale, or those who were substituted for the first purchaser, and therefore were not protected by O.C.G.A. § 44-14-66. Lanier v. Brooker, 65 Ga. 761 (1880).
Land held by absolute deed as security for a debt still unpaid, is subject to levy and sale as the property of the vendee, under a judgment against the vendee, no matter whether the judgment creditor gave credit on the faith of the property so held or not. Parrott v. Baker, 82 Ga. 364, 9 S.E. 1068 (1889).
- A security deed executed under O.C.G.A. §§ 44-14-60,44-14-61,44-14-63,44-14-66, and44-14-67, after the passage of O.C.G.A. § 44-14-101, to convey cultivated farm land as security for debt, does not ordinarily comprehend crops matured or unmatured on the land. Penn Mut. Life Ins. Co. v. Larsen, 178 Ga. 255, 173 S.E. 125 (1934).
- Trial court did not err in holding that children acquired a collective two-thirds interest in property because pursuant to O.C.G.A. § 44-14-67(a), when the original security deeds were paid off and cancelled legal title automatically reverted to the father and the children, his assigns; the father had no authority thereafter to convey a greater interest than he held and, thus, only the father's own one-third interest could be encumbered by the loan that was made to the father without any involvement by the children. Chase Manhattan Mortg. Corp. v. Shelton, 290 Ga. 544, 722 S.E.2d 743 (2012).
Cited in Gaskill v. Davis, 66 Ga. 665 (1881); Bowen v. Frick & Co., 75 Ga. 786 (1885); Cook v. Georgia Fertilizer & Oil Co., 154 Ga. 41, 113 S.E. 145 (1922); Cravey v. L'Eggs Prods., Inc., 100 Bankr. 119 (Bankr. S.D. Ga. 1989); Vineville Capital Group, llc v. McCook, 329 Ga. App. 790, 766 S.E.2d 156 (2014).
- The intent of the General Assembly in referring to "the record title holder of the fee simple title" in former O.C.G.A. § 36-36-22(d) was to give the grantor of a security deed the right to decide upon the question of annexation; thus, in determining ownership of land for the purpose of determining the eligibility of a landowner to sign an application for annexation to a municipality, it should be done without regard to whether such land is encumbered by an outstanding deed to secure debt. 1967 Op. Att'y Gen. No. 67-16.
- 55 Am. Jur. 2d, Mortgages, §§ 362, 363.
- 59 C.J.S., Mortgages, § 478.
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 2012-02-27
Citation: 290 Ga. 544, 722 S.E.2d 743, 2012 WL 602840, 2012 Ga. LEXIS 190
Snippet: with the grantee according to the terms. OCGA § 44-14-66. Shelton had no authority thereafter to convey