Title 44, Chapter 14, Section 67
( 44-14-67)
(a) In all cases where property is conveyed to secure a debt, the
surrender and cancellation of the deed, in the same manner as
mortgages are canceled, on payment of the debt to any person legally
authorized to receive the same, shall operate to reconvey the title
of the property to the grantor or the grantor's heirs, executors,
administrators, or assigns. (b) In the case of a deed to secure debt which applies to real
property, in order to authorize the clerk of superior court to show
the original instrument as canceled of record, there shall be
presented for recording: (1) A cancellation upon the original security deed itself; (2) A conveyance from the record holder of the security deed,
which conveyance is in the form of a quitclaim deed or other form
of deed suitable for recording and which refers to the original
security deed; or (3) A cancellation as provided in subsection (c) of this Code
section. Any clerk of superior court who cancels of record any deed to secure
debt in the manner authorized in this subsection shall be immune
from any civil liability, either in such clerk's official capacity
or personally, for so canceling of record such security deed. (c) Cancellation of a security deed, the original of which has been
lost, stolen, or otherwise mislaid, may be made based upon a
document executed by the owner of the security interest and who so
swears in such document, which document shall be recorded and shall
be in substantially the following form: ________ County, Georgia The indebtedness referred to in that certain deed to secure debt from ___________ to __________, dated ______________, and of record in Deed Book ______, Page ______, in the office of the clerk of the Superior Court of ________ County, Georgia, having been paid in full and the undersigned being the present owner of such secured interest by virtue of being the original grantee or the heir, assign, transferee, or devisee of the original grantee, the clerk of such superior court is authorized and directed to cancel that deed of record as provided in Code Section 44-14-4 of the O.C.G.A. for other mortgage cancellations. In witness whereof, the undersigned has set his or her hand and
seal, this ______ day of ______________, ____. ______________(SEAL)
Signature
Signed, sealed, and
delivered on the
date above shown __________________
Unofficial Witness
__________________
Notary Public
(SEAL)
My commission expires: ______________. |