§ 9-12-85.Deeds, mortgages, judgments, or liens between parties not affected by money judgments
Chapter 12. Verdict and Judgment · Article 4. Judgment Liens · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-12-85
Plain-English Summary
The two sections this Code section cross-references — 9-12-81 and 9-12-82 — condition a judgment lien's effect on outside third parties on whether the execution was entered on the general execution docket within the county's rules and, where applicable, the 30-day window. Read in isolation, a reader might wonder whether missing those steps somehow weakens the deed, mortgage, or judgment itself. This section answers that question directly: it does not.
Between the actual parties to a deed, a mortgage, a judgment, or any other lien, the instrument remains fully valid and enforceable regardless of whether it was ever docketed or recorded under the preceding sections. A mortgagor cannot claim against the mortgagee that an unrecorded mortgage does not bind the property they mortgaged, and a judgment debtor cannot claim against the judgment creditor that an un-docketed judgment does not bind them personally, on the theory that no third party's rights are in play.
What the docketing requirement affects is narrower and specific: the ability of the deed-holder, mortgagee, or judgment creditor to defeat someone who later bought the property or took a lien on it in good faith and without notice. This section makes that limitation explicit, keeping the docketing rules focused on third-party notice rather than on the underlying validity of the parties' own dealings.
Frequently Asked Questions
What is the purpose of this Code section?
It clarifies that the docketing and notice requirements in the two preceding Code sections exist to protect good-faith third parties, not to determine whether a deed, mortgage, judgment, or lien is valid between the people who created it.
Which two Code sections does it cross-reference?
Code Sections 9-12-81 and 9-12-82, both of which condition a judgment's binding effect on third parties on entry of the execution on the general execution docket.
Does a deed or mortgage need to be recorded to be valid between the parties who signed it?
No, according to this section — recording under those two Code sections has no bearing on the validity or force of the deed, mortgage, judgment, or lien as between its own parties.
Who can rely on a lack of docketing or recording to avoid being bound?
Only third parties who acquired their own interest in the property; the original parties to the deed, mortgage, judgment, or lien remain bound to each other regardless of docketing.
Does this section give any protection to a third party who had actual notice of an unrecorded interest?
No. The protections that turn on docketing under the two referenced Code sections run only to third parties who acted in good faith and without notice, not to those with actual notice of the interest.
Amendment History
Ga. L. 1889, p. 106, § 4; Civil Code 1895, § 2781; Civil Code 1910, § 3323; Code 1933, § 39-704.