Release of Security Deed (Mortgage)

Pursuant to O.C.G.A. § 44-14-3,[1] mortgage lenders and mortgage servicers can be liable to a borrower/grantor for failure to cancel a security deed within 60 days of full payment.  If you need to obtain a release of lien, you should provide a written demand to the lender.  If the lender fails to release the lien within 60 days of full payment, you should reach out directly to the holder of the security deed.  If you cannot resolve the issue with the holder directly, you should contact an attorney.  Georgia law provides that a security deed can be cancelled by the Clerk of Superior Court upon receipt of an affidavit from an attorney with specified attachments.  To find a lawyer, you may visit the State Bar of Georgia website at www.gabar.org/.

For information related to obtaining a release from a bank placed into receivership, please visit: https://www.fdic.gov/resources/resolutions/bank-failures/failed-bank-list/lien/

 

 

[1] To access this law or any part of the Georgia Code, please visit the Georgia General Assembly and type in the relevant Code Section (e.g., “44-14-3”) into the provided search bar. (Links off-site)

The Code is provided by the State of Georgia from the Georgia General Assembly's website. In viewing the Code, please be aware that legislation passed during the most recent legislative session may not yet be posted on LexisNexis.