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Current as of March 28, 2024 | Updated by FindLaw Staff
(a) To authorize the recording of a deed to realty or personalty executed outside this state, the deed must be attested by or acknowledged before:
(1) A consul or vice-consul of the United States, whose certificate under his official seal shall be evidence of the fact;
(2) A judge of a court of record in the state or county where executed, with a certificate of the clerk under the seal of such court of the genuineness of the signature of such judge;
(3) A clerk of a court of record under the seal of the court; or
(4) A notary public or justice of the peace of the county or city of the state or the state and the county, city, or country where executed, with his seal of office attached; if such notary public or justice of the peace has no seal, then his official character shall be certified by a clerk of any court of record in the county, city, or country of the residence of such notary or justice of the peace.
(b) A deed to realty must be attested by two witnesses, one of whom may be one of the officials named in subsection (a) of this Code section.
(c) Wherever any deed to realty or personalty executed outside this state appears by its caption to have been executed in one state and county and the official attesting witness appears to be an official of another state or county, which official would not have jurisdiction to witness such deed in the state and county named in the caption, the deed, notwithstanding the caption, shall be conclusively considered and construed to have been attested by the officer in the state and county in which he had authority to act.
(d) This Code section shall not apply to transactions covered by Article 9 of Title 11.
Cite this article: FindLaw.com - Georgia Code Title 44. Property § 44-2-21 - last updated March 28, 2024 | https://codes.findlaw.com/ga/title-44-property/ga-code-sect-44-2-21/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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