Georgia § 44-14-33 - Attestation or acknowledgment of mortgage; additional witness in case of land; constructive notice.
Full text of Georgia Official Code of Georgia Annotated § 44-14-33 — Attestation or acknowledgment of mortgage; additional witness in case of land; constructive notice., with citation guidance and answers to common questions.
§ 44-14-33. Attestation or acknowledgment of mortgage; additional witness in case of land; constructive notice.
In order to admit a mortgage to record, it shall be signed by the maker, attested by an officer as provided in Code Section 44-2-15, and attested by one other witness. In the absence of fraud, if a mortgage is duly signed, witnessed, filed, recorded, and indexed on the appropriate county land records, such recordation shall be deemed constructive notice to subsequent bona fide purchasers. (Orig. Code 1863, § 1957; Code 1868, § 1945; Code 1873, § 1955; Ga. L. 1876, p. 34, § 1; Code 1882, § 1955; Civil Code 1895, § 2724; Civil Code 1910, § 3257; Ga. L. 1931, p. 153, § 1; Code 1933, § 67-105; Ga. L. 1995, p. 1076, § 1; Ga. L. 2015, p. 937, § 3/HB 322.) The 2015 amendment, effective July 1, 2015, substituted the present provisions of the first sentence for the former first sentence, which read: "In order to admit a mortgage to record, it must be attested by or acknowledged before an officer as prescribed for the attestation or acknowledgment of deeds of bargain and sale; and, in the case of real property, a mortgage must also be attested or acknowledged by one additional witness." and inserted "signed, witnessed," near the beginning of the second sentence. Law reviews. - For annual survey on real property, see 65 Mercer L. Rev. 233 (2013). For article, "Eleventh Circuit Survey: January 1, 2013 - December 31, 2013: Casenote: The Decline and Fall of Constructive Notice," see 65 Mercer L. Rev. 1203 (2014).
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 44-14-33
What does Official Code of Georgia Annotated § 44-14-33 cover?
Section 44-14-33 ("Attestation or acknowledgment of mortgage; additional witness in case of land; constructive notice.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 44-14-33?
A common citation format is "Official Code of Georgia Annotated § 44-14-33" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 44-14-33 apply to my situation?
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Sources & Verification
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