§ 44-14-63 — Recording of deeds to secure debt and bills of sale to secure debt; effect of failure to record

(a) Every deed to secure debt shall be recorded in the county where the land conveyed is located. Every bill of sale to secure debt shall be recorded in the county where the maker, if a resident of this state, resided at the time of its execution and, if a nonresident, in the county where the personalty conveyed is located. Deeds to secure debt or bills of sale to secure debt not recorded shall remain valid against the persons executing them. (b) A deed to secure debt shall not be recorded unless it includes the following information on the first page: (1) The date of the document; (2) The names of the signatories of the document; (3) The grantee's mailing address; (4) Map and parcel identification information, if applicable; (5) The original loan amount or the amount of any outstanding principal and additional advance pursuant to a loan modification; (6) The initial maturity date or dates for such debt; (7) The amount, if any, of the intangible recording tax imposed on such deed to secure debt; (8) The amount, if any, of the intangible recording tax imposed for an additional advance pursuant to a security deed modification agreement or other additional advance secured by a security deed; and (9) If no intangible tax is imposed, a citation to the authority providing for an exemption of such tax. (c) Failure to comply with this Code section shall not be a defense to any foreclosure or grounds to set aside any foreclosure of any deed to secure debt.

Legislative History

Amended by 2022 Ga. Laws 754,§ 2, eff. 7/1/2023. Amended by 2015 Ga. Laws 145,§ 8, eff. 7/1/2015.