Ga. Code § 44-2-244

Current through 2023-2024 Legislative Session Chapter 709

Section 44-2-244 - Judge's order of transfer

(a) Where the judge orders a transfer to be made under any of the provisions of this article, the judge's order of transfer shall be in the following form unless the exigencies of the case require a different form:

	IN THE SUPERIOR COURT OF __________________ COUNTY
	STATE OF GEORGIA
	)
In re petition	)	Civil action
of __________________	)	File no. __________________
	)
	JUDGE'S ORDER OF TRANSFER

For good cause shown to the court, the clerk is directed to cancel the Certificate of Title No. __________________, Registered Title No. __________________, standing in the name of __________________ on the title register and to register a certificate of title in lieu thereof, as follows: in accordance with the decree of court rendered in the action of __________________ v. __________________ in __________________ court; and transfer of title is accordingly ordered. You will enter this transfer upon the title register, noting upon the same a reference to the book and page upon which the above-recited order or decree may be found.

This order of transfer shall be effective upon the presentation of the outstanding owner's certificate, which you will cancel. *

__________________

__________________

__________________

This __________________ day of __________________, __________________.

__________________

Judge

(*If the court has not been able to require the production of the outstanding owner's certificate, the judge shall erase this sentence from the order and substitute in the blank space below it the following: "You will cause notice to be published, in accordance with the law, that the certificate is canceled.")

(b) If the exigencies of the case require a variation from the above prescribed form, the clerk shall also record the judge's order on the minutes of the court and, under the appropriate heading in the entry of transfer on the title register, write the words "Special, See Minute Book __________________, page __________________." If the judge's order of transfer is made without obtaining production of the outstanding owner's certificate, the clerk, in entering the transfer, shall, under the heading "Remarks," write "Owner's certificate not produced, but canceled by publication."

OCGA § 44-2-244