§ 44-2-14 — Requirements for recordation

Georgia § 44-2-14

• Jurisdiction: Georgia
• Title: 44

Text

(a) Except for documents electronically filed as provided for in Chapter 12 of Title 10, and in other Code sections in this part, before any deed to realty or personalty or any mortgage, bond for title, or other recordable instrument executed in this state may be recorded, it shall be an original instrument and shall be attested or acknowledged as provided by law. However, nothing in this Code section shall dispense with another witness where an additional witness is required. This Code section shall not apply to transactions covered by Article 9 of Title 11. (b) No affidavit prepared under Code Section 44-2-20 and no instrument by which the title to real property or any interest therein is conveyed, created, assigned, encumbered, disposed of, or otherwise affected shall be entitled to recordation unless the name and mailing address of the natural person to whom the affidavit or instrument is to be returned is legibly printed, typewritten, or stamped upon such affidavit or instrument at the top of the first page thereof. (c) If an instrument or affidavit is titled or recorded without compliance with subsection (b) of this Code section, such noncompliance does not alone impair the validity of the filing of recordation or of the constructive notice imparted by filing or recordation. (d) Subsection (b) of this Code section does not apply to the following: (1) An affidavit or instrument executed before July 1, 1994; (2) A decree, order, judgment, or writ of any court; (3) A will; or (4) Any plat.

Legislative History

Amended by 2012 Ga. Laws 599,§ I-1-33, eff. 7/1/2012.