O.C.G.A.

O.C.G.A. § 48-6-68 (2019)

Bond for title in absence of security deed; recording and tax

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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 seller of real estate who retains title to the real estate as security for the purchase price and who does not convey title to the purchaser or take back a deed to secure debt shall execute and deliver to the purchaser a bond for title which shall correctly set forth the unpaid portion of the purchase price and the maturity of the indebtedness. If any part of the purchase price falls due more than three years from the date of the instrument, the seller shall have the instrument recorded before delivery of the bond for title in the county where the land is located and shall pay the tax required by this article for the recording of the instrument.

History

Ga. L. 1953, Nov.-Dec. Sess., p. 379, § 7; Code 1933, § 91A-3205, enacted by Ga. L.

1978, p. 309, § 2; Ga. L. 1990, p. 1843, § 4.

Annotations

JUDICIAL DECISIONS Impact of bankruptcy. - With respect to a mobile home the debtor purchased through an installment note, because the transaction was akin to a bond for title under Georgia law, giving the debtor possessory interest and equitable interest in the property, and the

debtor’s interests were not foreclosed by legal proceeding prepetition, those interests became part of the bankruptcy estate subject to an automatic stay. In re Guyton, 518 B.R. 681, 2014 Bankr. LEXIS 4129 (Bankr. S.D. Ga. 2014).

RESEARCH REFERENCES C.J.S. 26A C.J.S., Deeds, §§ 7, 161.

Notes of Decisions

Cited in 1 case, 2014–2014 · leading case: In re Guyton, 518 B.R. 681 (Bankr. S.D. Ga. 2014).

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In re Guyton, 518 B.R. 681 (Bankr. S.D. Ga. 2014). · cites it 2× “O.C.G.A. § 48-6-68. Covered Bridge did not execute and deliver to Debtor a separate document identified as a “bond for title.”

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.