Georgia is often referred to as a title theory state, but this is not the case. Note O.C.G.A. No. 44-14-30, which clearly states: “A mortgage in this state is only a guarantee for a debt and does not issue a title.” Also note O.C.G.A. No. 44-14-31, which says, “No particular form is required to make a mortgage. However, a mortgage must clearly indicate the creation of a pledge and indicate the debt for which it is granted and the assets on which it must be effective. It is therefore clear that mortgages in the official code of Georgia and by the courts of the State of Georgia are interpreted as the placement of a pawn on a mortgaged property for the benefit of the mortgage borrower, while Le Mortgagor retains both legal and fair rights on that quality. It is therefore equally clear that, in light of the above, Georgia is a state of law. Nevertheless, the Georgian legislature has formally provided that a lender is able to secure its credit by transferring a right to a secured property. Most people will take out a mortgage to finance the purchase of a residence or commercial building.

In order to limit its risk in the investment, the lender creates in the transaction a priority legal interest for the value of the property, which makes it possible to doubt that he, the lender, will not be fully repaid if the borrower is late in the loan. This requires a perfected pledge and possession of the title. In addition, the mortgage agreement includes the amount of money the mortgage lent to the mortgage (the so-called investor), as well as all issues related to the payment, including interest rate, maturity dates and advance. A mortgage agreement contains the details of the Mortgagors and the mortgage borrower, information about the property and any additional clauses that Mortgagor must comply with during the mortgage agreement. The right to pledge must be attached to the security when the mortgage is signed by the Mortgagor and delivered to the mortgage and Mortgagor receives the funds whose repayment is insured by the mortgage. Subject to the requirements of the registration laws of the state in which the mortgaged property is located, this right of foreclosure sets the priority of mortgage law with respect to most other mortgages[27] on the property`s property. [28] Links that have joined the title before mortgage law must be the senior of the mortgage pledge right or before it. Those who attach themselves to it must be junior or subordinate.

[29] This priority is intended to define the order in which pawn rights for the recovery of their pawn rights can be entered into to recover their debts. If the title of a property has several mortgages and the loan secured by a first mortgage is repaid, the second mortgage pledge right will increase in priority and become the new first mortgage right on the security.