O.C.G.A. § 44-5-176 (2019)
Effect on prescription of notice of instrument creating a lien
Prescription shall not run against the owner or holder of a mortgage, a deed to secure debt, a bill of sale to secure debt, or any other instrument creating a lien on or conveying an interest in real or personal property as security for debt in favor of a person who has actual or constructive notice of such instrument.
History
(Ga. L. 1937, p. 755, § 1.)
Annotations
JUDICIAL DECISIONS
Statute cannot be given retroactive effect. Fraser v. Dolvin, 199 Ga. 638, 34 S.E.2d 875 (1945) (see O.C.G.A. § 44-5-176).
Legislative intent. - There is nothing in this statute indicating an intention by the legislature to deprive a party in possession of any right the party had already acquired, or that the possession which had been running and ripening into title before the date this statute became effective, should be lost. Fraser v. Dolvin, 199 Ga. 638, 34 S.E.2d 875 (1945) (see O.C.G.A. § 44-5-176).
Cited in Sweat v. Arline, 186 Ga. 460, 197 S.E. 893 (1938); Lankford v. Holton, 187 Ga. 94, 200 S.E. 243 (1938); Thomas v. Stedham, 208 Ga. 603, 68 S.E.2d 560 (1952); Reid v. Wilkerson, 222 Ga. 282, 149 S.E.2d 700 (1966).
RESEARCH REFERENCES
Am. Jur. 2d. - 3 Am. Jur. 2d, Adverse Possession, §§ 12, 13, 15, 112 et seq., 169, 224 et seq. 264, 301.
C.J.S. - 2 C.J.S., Adverse Possession, § 208. 59 C.J.S., Mortgages, §§ 255, 695.
ALR. - Adverse possession by stranger as against mortgagee, 136 A.L.R. 782.
Adverse possession: mortgagee's possession before foreclosure as barring right of redemption, 7 A.L.R.2d 1131.