Home/Georgia/Statutes/Title: 44/§ 44-14-39
Georgia Statutes

§ 44-14-39 — Effect of defective record as notice

Georgia § 44-14-39
JurisdictionGeorgia
Title44

This text of Georgia § 44-14-39 (Effect of defective record as notice) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O.C.G.A. § 44-14-39 (2026).

Text

A mortgage which is recorded in an improper office or without due attestation or probate or which is so defectively recorded as not to give notice to a prudent inquirer shall not be held to be notice to subsequent bona fide purchasers. A mere formal mistake in the record shall not vitiate it.

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Related

U.S. Bank National Ass'n v. Gordon
709 S.E.2d 258 (Supreme Court of Georgia, 2011)
29 case citations
Page v. Will McKnight Construction, Inc.
639 S.E.2d 381 (Court of Appeals of Georgia, 2006)
8 case citations
Detention Management, LLC v. UMB Bank, NA (In re Municipal Corrections, LLC)
501 B.R. 119 (N.D. Georgia, 2013)
6 case citations
Gordon v. U.S. Bank, National Ass'n (In Re Hagler)
429 B.R. 42 (N.D. Georgia, 2009)
6 case citations
Gordon v. Wells Fargo Bank, N.A. (In Re Codrington)
430 B.R. 287 (N.D. Georgia, 2009)
6 case citations
US BANK NAT. ASS'N v. Gordon
709 S.E.2d 258 (Supreme Court of Georgia, 2011)
2 case citations
Ww3 Ventures, LLC v. the Bank of New York Mellon as Successor Trustee Under Novastar Mortgage Trust Series 2006-2
(Court of Appeals of Georgia, 2023)

Nearby Sections

15
§ 44-1-1
"Property" defined
§ 44-1-10
Ownership of offspring of domestic or owned animals
§ 44-1-11
Application and construction of provisions relating to estates
§ 44-1-12
What constitutes perfect title
§ 44-1-13
Removal of improperly parked cars or trespassing personal property; concurrent jurisdiction; procedure; automatic surveillance prohibited; penalty
§ 44-1-14
Abatement of hazard from abandoned well or hole; recovery costs; use of county funds
§ 44-1-15
Removal or destruction of survey monuments prohibited; exceptions; penalties
§ 44-1-16
Failure to disclose in real estate transaction that property was occupied by diseased person or was site of death; failure to disclose information required to be provided or maintained in accordance with Code Section 44-9-44.1
§ 44-1-17
Responsibilities of buyers or grantees and grantors or owners relating to transfers of property within or adjacent to property zoned for agricultural or silvicultural use; notice to prospective purchaser, lessee, or grantee; effect of noncompliance
§ 44-1-18
[Repealed] Execution search prior to conveyance of property; certificate of clearance required; requirements for requests; binding effect; timing of information release; failure to comply; retention; criminal penalties; exceptions; requirements for certificate; regulatory authority
§ 44-1-2
"Realty" or "real estate" defined; extent of owner's interest in airspace
§ 44-1-3
"Personalty" defined; status of certain stocks
§ 44-1-4
"Estate" defined
§ 44-1-5
"Title" defined
§ 44-1-6
What things considered fixtures; movable machinery as personalty; effect of detachment from realty
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Bluebook (online)
Georgia § 44-14-39, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/44-14-39.