Wife of deceased life estate holder was not a bona fide purchaser.

- Trial court erred in determining that a second wife 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, and44-2-4(b). Price v. Price, 286 Ga. 753, 692 S.E.2d 601 (2010).

Impact of failure to probate a will.

- Trial court did not err in granting a bank's motion for summary judgment in the bank's quiet title action against a testator's niece and great-niece on the ground that under O.C.G.A. § 44-2-4(a), the priority of a security deed the testator's stepson gave to a mortgage company, which assigned its interest in the property to the bank, was protected from the interests the niece and great-niece held that were grounded in the testator's unrecorded will because there was nothing in the record that would render O.C.G.A. § 44-2-4(a) inapplicable since the notice created by the possession of the niece and great-niece was only constructive notice, and there was no evidence that the company had any actual notice of the will or of the interests created thereby; the statute applies equally to give protection to those who take an interest in realty when there are other interests that exist, but are not of record, because of a failure to probate a will. Riggins v. Deutsche Bank Nat'l Trust Co., 288 Ga. 850, 708 S.E.2d 266 (2011).

Cited in Michael v. Poss, 209 Ga. 559, 74 S.E.2d 742 (1953).

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 subsequent purchaser or encumbrancer, 53 A.L.R.2d 936.

Construction and effect of "marketable record title" statutes, 31 A.L.R.4th 11.