Title 44, Chapter 14, Section 80
( 44-14-80)
(a) Title to real property conveyed to secure a debt or debts shall
revert to the grantor or the grantor's heirs, personal
representatives, successors, and assigns as follows: (1) Title to real property conveyed to secure a debt or debts
shall revert to the grantor or his or her heirs, personal
representatives, successors, and assigns at the expiration of
seven years from the maturity of the debt or debts or the maturity
of the last installment thereof as stated or fixed in the record
of the conveyance or, if not recorded, in the conveyance;
provided, however, that where the parties by affirmative statement
contained in the record of conveyance intend to establish a
perpetual or indefinite security interest in the real property
conveyed to secure a debt or debts, the title shall revert at the
expiration of the later of (A) seven years from the maturity of
the debt or debts or the maturity of the last installment thereof
as stated or fixed in the record of conveyance or, if not
recorded, in the conveyance; or (B) 20 years from the date of the
conveyance as stated in the record or, if not recorded, in the
conveyance; (2) If the maturity of the debt or debts or the maturity of the
last installment thereof is not stated or fixed, title to real
property conveyed to secure a debt or debts shall revert at the
expiration of seven years from the date of the conveyance as
stated in the record or, if not recorded, in the conveyance;
provided, however, that where the parties by affirmative statement
contained in the record of conveyance intend to establish a
perpetual or indefinite security interest in the real property
conveyed to secure a debt or debts, the title shall revert at the
expiration of 20 years from the date of the conveyance as stated
in the record or, if not recorded, in the conveyance; or (3) If the maturity is not stated or fixed and the conveyance is
not dated, title to real property conveyed to secure a debt or
debts shall revert at the expiration of seven years from the date
the conveyance is recorded or, if not recorded, is delivered; provided, however, that foreclosure by an action or by the exercise
of power of sale, if started prior to reversion of title, shall
prevent the reversion if the foreclosure is completed without delay
chargeable to the grantee or the grantee's heirs, personal
representatives, successors, or assigns. (b) If the grantee or the grantee's personal representatives, heirs,
successors, or assigns, or any one of them if more than one, or an
officer of a corporation having an interest shall, at any time
before the title reverts as provided in subsection (a) of this Code
section, make and cause to be recorded upon the record of the
conveyance or elsewhere in the public records, with a notation of
the place of record of the renewal on the record of the conveyance
or, if not recorded, upon the conveyance, a written renewal of the
debt or debts secured or the part thereof which are not fully paid
and are not barred, which renewal shall be signed by the original
grantor or the grantor's heirs, personal representatives, or
successors in title to the real estate conveyed and shall be dated,
the conveyance and record thereof shall remain of full force and
effect and the title shall not revert for an additional period of
seven years or 20 years according to the appropriate reversion
period stated in subsection (a) of this Code section from the date
of the renewal unless the debt or debts are paid sooner. (c) If the grantee or the grantee's personal representatives, heirs,
successors, or assigns, or any of them if more than one, or an
officer of a corporation having an interest shall, at any time
before the title reverts as provided in subsection (a) of this Code
section, make and cause to be recorded upon the record of the
conveyance or elsewhere in the public records, with a notation of
the place of record thereof on the record of the conveyance or, if
not recorded, upon the conveyance, an affidavit setting forth the
name and address of the owner and holder of the debt and the deed
securing the debt, the nature of the claim, the amount due thereon,
the date of the last payment thereon, the maturity date of the
indebtedness, and, if the debt has been renewed or extended, the
terms of such renewal or extension and a description of the property
conveyed therein, the conveyance and record thereof shall remain of
full force and effect and title shall not revert for seven years or
20 years according to the appropriate reversion period stated in
subsection (a) of this Code section from the maturity of the
indebtedness as shown by said affidavit unless the debt or debts are
paid sooner. (d) It shall be the duty of the clerk of the superior court to
record the renewals and affidavits provided for and authorized by
this Code section; and the clerks shall be entitled to the same fees
which are allowed for recording deeds. (e) Subsections (a) through (d) of this Code section shall not
operate to make such conveyance a mortgage, but the conveyance shall
be held to be an absolute conveyance of title, subject to reversion. (f) Nothing in this Code section shall be construed, interpreted, or
enforced in a manner which impairs any contract rights under
currently existing instruments conveying real property to secure a
debt or debts. |