O.C.G.A.
O.C.G.A.

O.C.G.A. § 44-2-43 (2019)

Fraud, forgery, and theft in connection with registration of title to land; penalty

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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.
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Any person who: (1) fraudulently obtains or attempts to obtain a decree of registration of title to any land or interest therein; (2) knowingly offers in evidence any forged or fraudulent document in the course of any proceedings with regard to registered lands or any interest therein; (3) makes or utters any forged instrument of transfer or instrument of mortgage or any other paper, writing, or document used in connection with any of the proceedings required for the registration of lands or the notation of entries upon the register of titles; (4) steals or fraudulently conceals any owner's certificate, creditor's certificate, or other certificate of title provided for under this article; (5) fraudulently alters, changes, or mutilates any writing, instrument, document, record, registration, or register provided for under this article; (6) makes any false oath or affidavit with respect to any matter or thing provided for in this article; or (7) makes or knowingly uses any counterfeit of any certificate provided for by this article shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years.

History

(Ga. L. 1917, p. 108, § 85; Code 1933, § 60-9901; Ga. L. 1982, p. 3, § 44.)

Annotations

Cross references. - Forgery and fraudulent practices generally, Ch. 9, T. 16.

JUDICIAL DECISIONS

No private right of action. - Because no state court would find that a borrower's complaint stated a claim against a non-diverse foreclosure administrator, whether under O.C.G.A. § 44-2-43 (because the statute did not provide a private right of action) or common law, the administrator was properly dismissed and its citizenship properly disregarded under the doctrine of fraudulent joinder for purposes of diversity jurisdiction and removal. Restivo v. Bank of Am. Corp., F.3d (11th Cir. July 8, 2015)(Unpublished).

Cited in Crowell v. Akin, 152 Ga. 126, 108 S.E. 791, 19 A.L.R. 51 (1921).

RESEARCH REFERENCES

ALR. - Forged deed or bond for title as constituting color of title, 68 A.L.R.2d 452.

Notes of Decisions
Cited in 2 cases, 2014–2014 · leading case: Stearns Bank, N.A. v. Dozetos, 761 S.E.2d 520 (Ga. Ct. App. 2014).
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Stearns Bank, N.A. v. Dozetos, 761 S.E.2d 520 (Ga. Ct. App. 2014). · cites it 2× “See OCGA § 44-2-43. Stearns maintains that Nickelson failed to alert E-Bank (holder of the note at that time) *108 to the forgery; however, Stearns does not point to record evidence that Nickelson was aware of E-Bank’s deed to secure debt.”
Stearns Bank, N. A. v. Keith Dozetos, No. A14A0106 (Ga. Ct. App. July 10, 2014). · cites it 2× “See OCGA § 44-2-43. 6 Stearns maintains that Nickelson failed to alert E-Bank (holder of the note at that time) to the forgery; however, Stearns does not point to record evidence that Nickelson was aware of E-Bank’s deed to secure debt.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.