O.C.G.A. § 44-2-4 (2019)
Protection of good faith purchases and liens without notice against unrecorded liens or conveyances
(a) All innocent persons, firms, or corporations acting in good faith and without actual notice which purchase real or personal property for value or obtain contractual liens on the property from distributees, devisees, legatees, or heirs at law holding or apparently holding real or personal property by will or inheritance from a deceased person shall be protected in the purchase of the property or in acquiring such a lien thereon as against unrecorded liens or conveyances created or executed by the deceased person upon or to the property in like manner and to the same extent as if the property had been purchased or the lien acquired from the deceased person. (b) All innocent persons, firms, or corporations which purchase real or personal property for value or obtain contractual liens on the property from a surviving joint tenant, or surviving joint tenants, holding or apparently holding real or personal property as a surviving joint tenant, or surviving joint tenants, shall be protected in the purchase of the property or in acquiring such a lien thereon as against unrecorded liens or conveyances created or executed by a deceased joint tenant upon or to the property, and as against other unrecorded instruments resulting in a severance of any joint tenant’s interest, in like manner and to the same extent as if the property had been purchased or the lien acquired from the deceased joint tenant and surviving joint tenant, or surviving joint tenants.
History
(Ga. L. 1912, p. 143, § 1; Code 1933, § 67-2502; Ga. L. 1984, p. 1335, § 1.)
Annotations
JUDICIAL DECISIONS acquired a one-half interest in property quitclaimed to her by her husband because the husband had only a life estate in the property, and she was not a bona fide purchaser. The parties’ lender, however, was a bona fide purchaser for value pursuant to O.C.G.A. §§ 44-2-1, 44-2-2, and 44-2-4(b). Price v. Price, 286 Ga. 753, 692 S.E.2d 601 (2010). Cited in Michael v. Poss, 209 Ga. 559, 74 S.E.2d 742 (1953).
Statute cannot be extended beyond the statute’s terms to aid bona fide purchaser from life tenant as against a remainderman who does not join in the conveyance. Mathis v. Solomon, 188 Ga. 311, 4 S.E.2d 24 (1939); Harper v. Paradise, 233 Ga. 194, 210 S.E.2d 710 (1974) (see O.C.G.A. § 44-2-4). Wife of deceased life estate holder was not a bona fide purchaser. - Trial court erred in determining that a second wife
RESEARCH REFERENCES subsequent purchaser or encumbrancer, 53 ALR2d 936. Construction and effect of ‘‘marketable record title’’ statutes, 31 ALR4th 11.
Am. Jur. 2d. - 66 Am. Jur. 2d, Records and Recording Laws, § 144. ALR. - Priority, as between holder of unfiled or unrecorded chattel mortgage who secures possession of goods on chattels, and