GEORGIA CODE (Last Updated: August 20, 2013) |
Title 44. PROPERTY |
Chapter 14. MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS |
Article 1. IN GENERAL |
Section 44-14-4. Procedure for recording cancellation of mortgage
Latest version.
- Any mortgagor who has paid off his or her mortgage may present the paid mortgage to the clerk of the superior court of the county or counties in which the mortgage instrument is recorded, together with the order of the mortgagee or transferee directing that the mortgage be canceled. After payment of the fee authorized by law, the clerk shall index and record, in the same manner as the original mortgage instrument is recorded, the canceled and satisfied mortgage instrument or such portion thereof as bears the order of the mortgagee or transferee directing that the mortgage be canceled, together with any order of the mortgagee or transferee directing that the mortgage be canceled. The clerk shall show on the index of the cancellation and on the cancellation document the deed book and page number where the original mortgage instrument is recorded. The clerk shall manually or through electronic means record across the face of the mortgage instrument the words "satisfied" and "canceled" and the date of the entry and shall sign his or her name thereto officially. The clerk shall also manually or electronically make a notation on the record of the mortgage to indicate where the order of the cancellation is recorded.
Ga. L. 1884-85, p. 129, §§ 1, 2; Civil Code 1895, §§ 2737, 2738; Civil Code 1910, §§ 3270, 3271; Code 1933, § 67-117; Ga. L. 1963, p. 276, § 1; Ga. L. 1989, p. 498, § 1; Ga. L. 2012, p. 173, § 1-36/HB 665.