Georgia Statutes

§ 44-2-18 — Recording deed upon affidavit of subscribing witness; effect of substantial compliance

Georgia § 44-2-18

JurisdictionGeorgia

Title44

This text of Georgia § 44-2-18 (Recording deed upon affidavit of subscribing witness; effect of substantial compliance) 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. § 44-2-18 (2026).

Text

If a deed is not attested by one of the officers named in Code Section 44-2-15 , it may be recorded upon the affidavit of a subscribing witness, which affidavit shall be made before any one of the officers named in Code Section 44-2-15 and shall testify to the execution of the deed and its attestation according to law. A substantial compliance with the requirements of this Code section shall be held sufficient in the absence of all suspicion of fraud.

Free access — add to your briefcase to read the full text and ask questions with AI

If a deed is not attested by one of the officers named in Code Section 44-2-15 , it may be recorded upon the affidavit of a subscribing witness, which affidavit shall be made before any one of the officers named in Code Section 44-2-15 and shall testify to the execution of the deed and its attestation according to law. A substantial compliance with the requirements of this Code section shall be held sufficient in the absence of all suspicion of fraud.

Related

571 F.3d 1342 (Eleventh Circuit, 2009)

11 case citations

Trauner v. First Tennessee Bank National Ass'n (In re Simpson)

544 B.R. 913 (N.D. Georgia, 2016)

10 case citations

Gordon v. Wells Fargo Bank, N.A. (In re Knight)

504 B.R. 668 (N.D. Georgia, 2014)

8 case citations

Wells Fargo Bank, N.A. v. Gordon (In Re Codrington)

691 F.3d 1336 (Eleventh Circuit, 2012)

7 case citations

Gordon v. Wells Fargo Bank, N.A. (In Re Codrington)

430 B.R. 287 (N.D. Georgia, 2009)

6 case citations

Pingora Loan Servicing, LLC v. Cathy L. Scarver

30 F.4th 1086 (Eleventh Circuit, 2022)

6 case citations

Gordon v. Terrace Mortgage Co.

571 F.3d 1342 (Eleventh Circuit, 2009)

5 case citations

Kelley v. Wells Fargo Bank, N.A. (In re Perry)

565 B.R. 442 (M.D. Georgia, 2017)

3 case citations

Gordon v. OneWest Bank FSB (In re Blackmon)

509 B.R. 415 (N.D. Georgia, 2014)

2 case citations

Scarver, Trustee v. PINGORA LOAN SERVICING, LLC

(N.D. Georgia, 2019)

William J. Layng, Jr. Chapter 7 Trustee v. CALIBER HOME LOANS, INC.

(N.D. Georgia, 2022)

Robert Trauner, Chapter 7 Trustee for the Estate o v. Caliber Home Loans, Inc.

(N.D. Georgia, 2022)

Pingora Loan Servicing, LLC v. Scarver

(N.D. Georgia, 2020)

S. Gregory Hays, Chapter 7 Trustee v. NEW DAY FINANCIAL, LLC

(N.D. Georgia, 2023)

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)

Wells Fargo Bank, N.A. v. Neil C. Gordon

(Eleventh Circuit, 2012)

Legislative History

Amended by 2023 Ga. Laws 337,§ 1, eff. 5/4/2023, app. to all deeds and other instruments recorded pursuant to Code Section 44-14-61 from 7/1/2015.

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

View on official source ↗

Cite This Page — Counsel Stack

Bluebook (online)

Georgia § 44-2-18, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/44-2-18.