Georgia is a "race notice" state and uses a deed as the security
instrument for a debt affecting real estate.
What that means is any instrument that affects real property
must be recorded in the land records to be effective notice against
the world. If a lender fails to record a security instrument and
subsequent liens are recorded against the property the subsequent
liens take priority. If the error is discovered and the unrecorded
deed to secure a debt is later recorded it becomes a junior lien if
the borrower defaults.
If the deed to secure the debt was still unrecorded and owner of
the real estate conveyed the property by a deed to an innocent
third party purchaser that grantee would own the property and the
lender would only have a monetary claim against the debtor.
Although the deed to secure a debt was not recorded it is still
binding upon the property owner who signed it. This information is
general information only. You should seek legal advice before
making any changes in ownership.