O.C.G.A.

O.C.G.A. § 9-12-85 (2019)

Deeds, mortgages, judgments, or liens between parties not affected by money judgments

✓ 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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Nothing in Code Sections 9-12-81 and 9-12-82 shall be construed to affect the validity or force of any deed, mortgage, judgment, or other lien of any kind as between the parties thereto.

History

(Ga. L. 1889, p. 106, § 4; Civil Code 1895, § 2781; Civil Code 1910, § 3323; Code 1933, § 39-704.)

Annotations

JUDICIAL DECISIONS As against the rights of third parties acting in good faith, no judgment lien is binding against the property of a defendant located in the county where the judgment is obtained, unless the judgment is entered in the general execution docket as provided by this article, but nothing as provided by this article shall be construed to affect the validity or force of any deed, or mortgage, or judgment, or other lien of any kind as between the parties thereto. Roberson v. Roberson, 199 Ga. 627, 34 S.E.2d 836 (1945). Applicability of O.C.G.A. § 9-12-81(b). - O.C.G.A. § 9-12-81(b) did not apply to a situation in which the court was asked to rule on the interest of the original parties to a judicial lien and not those of a third party. Natl Serv. Direct, Inc. v. Anderson (In re Nat’l Serv. Direct, Inc.), No. 03-76883, 2005 Bankr.

LEXIS 298 (Bankr. N.D. Ga. Jan. 28, 2005). Permanent alimony in amount capable of exact determination. - When the jury provides permanent alimony for the wife in an amount capable of exact determination, a provision in the verdict that it be discharged by designated weekly payments does not prevent the court by the court’s decree from providing a lien for the protection of such judgment. Roberson v. Roberson, 199 Ga. 627, 34 S.E.2d 836 (1945). Unnecessary for jury verdict to provide for lien. - It is not necessary that the verdict of a jury shall provide for the establishment of a lien to follow the judgment since the lien follows a money judgment for an amount certain as a matter of law; this applies to a judgment for alimony. Roberson v. Roberson, 199 Ga. 627, 34 S.E.2d 836 (1945).

RESEARCH REFERENCES Am. Jur. 2d. - 30 Am. Jur. 2d, Executions and Enforcement of Judgments, §§ 145, 146.

C.J.S. - 33 C.J.S., Executions, §§ 203 et seq., 219.

Notes of Decisions

Cited in 2 cases, 2018–2020 · leading case: Synovus Bank d/b/a First Cmty. Bank of Tifton v. Kelley, 847 S.E.2d 592 (Ga. 2020).

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Synovus Bank d/b/a First Cmty. Bank of Tifton v. Kelley, 847 S.E.2d 592 (Ga. 2020). · cites it 4× “” OCGA § 9-12-85. OCGA §§ 9-12-81 and 9-12-82 address the requirement of recording the liens in order to preserve the judgment creditor’s priority over third parties acting in good faith and without notice and bona fide purchasers for value without notice.”

Kelley v. First Cmty. Bank (In re Brownlee), 593 B.R. 916 (Bankr. M.D. Ga. 2018). · cites it 6× “5 Frist Community also argues, citing O.C.G.A. § 9-12-85, that "the perfection statute"-presumably § 9-12-86(b) -should not be interpreted to affect the entry of the judgment between the Debtors and First Community.”

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.