2010 Georgia Code
TITLE 44 - PROPERTY
CHAPTER 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS
ARTICLE 3 - CONVEYANCES TO SECURE DEBT AND BILLS OF SALE
PART 1 - IN GENERAL
§ 44-14-60 - Deed to secure debt as absolute deed; necessity of bond of title or to reconvey
O.C.G.A.
44-14-60 (2010)
44-14-60. Deed to secure debt as absolute deed; necessity of bond of title or to reconvey
Whenever any person in this state conveys any real property by deed to secure any debt to any person loaning or advancing the grantor any money or to secure any other debt and takes a bond for title back to the grantor upon the payment of the debt or debts or in like manner conveys any personal property by bill of sale and takes an obligation binding the person to whom the property is conveyed to reconvey the property upon the payment of the debt or debts, the conveyance of real or personal property shall pass the title of the property to the grantee until the debt or debts which the conveyance was made to secure shall be fully paid. Such conveyance shall be held by the courts to be an absolute conveyance, with the right reserved by the grantor to have the property reconveyed to him upon the payment of the debt or debts intended to be secured agreeably to the terms of the contract, and shall not be held to be a mortgage. No bond for title or to reconvey shall be necessary where the deed shows upon its face that it is given to secure a debt.
Graham Syfert - Jacksonville Lawyer