Know Your Laws

If you need additional help, please fill in the contact form below.  Please send your state laws so that we can build pages per state.

This is part of the Self-Help portion of Foreclosure Defense. See Foreclosure Defense for more tools and tips you can do in preparation for legal action.
New: See Criminal Lesson in development.
         See Criminal Statutes.

                                                                    New Laws (Criminal) 
                                      (See Notice and Advertisement Statutes below New Laws.)

Georgia's new laws and suggested action items:
On July 1, 2012 Governor Nathan Deal signed a bill, to be effective immediately, applicable to cases July 1, 2012 forward, which states in part:

(See Residential Mortgage Fraud statutes portion in its entirety).

OCGA 16-8-102 Residential mortgage fraud (5) Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement, misrepresentation, or omission.

OCGA 16-8-104 Criminal investigation and prosecution
District attorneys and the Attorney General shall have the authority to conduct the criminal investigation and prosecution of all cases of residential mortgage fraud under this article or under any other provision of this title. Nothing in this Code section shall be construed to preclude otherwise authorized law enforcement agencies from conducting investigations of offenses related to residential mortgage fraud.

OCGA 16-8-105 Punishment
(a) Any person violating this article shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one year nor more than ten years, by a fine not to exceed $5,000.00, or both.
(b) If a violation of this article involves engaging or participating in a pattern of residential mortgage fraud or a conspiracy or endeavor to engage or participate in a pattern of residential mortgage fraud, said violation shall be punishable by imprisonment for not less than three years nor more than 20 years, by a fine not to exceed $100,000.00, or both.

                                                       Misprision of Felony (applicable anytime)

Note: Misprision of Felony  (See Misprision of Felony in its entirety).
In layman's terms, Misprision of Felony means that if an individual officially reports (via Affidavit, police report, etc.) a crime to an public or elected official and that official does nothing to report the alleged crime to correct authorities, then that official is considered to be "part of the crime" or otherwise known as an "Accessory". (See
Disclaimer.)


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                                             What entity can foreclose?

For example purposes, Georgia law will be listed.  You can find similar laws in your state pertaining to foreclosure, transfer of the security instrument, recordation, notification, deficiency judgments (if applicable), and transfer of deed after foreclosure. See http://www.foreclosure.com/statelaw_GA.html (for other states, click on the link, go to the drop down menu and choose your state.)


In the state of Georgia only a “SECURED” CREDITOR may advertise and conduct a “non-judicial” foreclosure.  That means that the following conditions have to be met: the entity attempting to foreclose has to hold:
1) the original wet-ink promissory note (indebtedness) -- the "CREDITOR", AND
2) the deed to secure debt  (security deed for instance - other states use the deed of trust) - thus the term "SECURED", AND
3) all assignments - in sequence - of the deed to secure debt (Assignment of Security Deed or Assignment of Deed of Trust). 

If the Promissory Note is separated from the Security Instrument, the debt is UNSECURED.  For the "secured" status to be maintained, the Promissory Note and the security instrument (Deed to Secure Debt) must never be separated 

If the Promissory Note was sold to other entities, the Note must be endorsed AND an Assignment of Deed to Secure Debt (for each sale of Note) must occur simulateously for the Creditor to remain SECURED.

IMPORTANT: This condition brings up the problem with Mortgage Electronic Registration Systems (MERS) whose President and By-Laws specifically state that MERS nevers holds the promissory note.  MERS is an electronic registry formed to track the 1) owners of the Promissory Notes and 2)  the Servicers collecting on behalf of the Note holders. 
See
Wrongful Foreclosure page.

In a
Non-Judicial States such as Georgia, California, Nevada, Arizona and Texas, borrowers sign at closing a waiver of borrower rights and a deed to secure debt which gives the creditor an automatic right to foreclose without a court proceeding or foreclosure lawsuit. In these states, the homeowner has to take the extra steps to file a lawsuit against the party trying to foreclose to challenge their standing (or actual authority) to foreclose.
In Judicial States, the party initiating foreclosure must do so through a judicial procedure, or foreclosure lawsuit. 

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FORECLOSURE PROCEDURE (followed by statutes)

Source
http://www.foreclosure.com/statelaw_GA.html (for other states, click on the link, go to the drop down menu and choose your state.)

How are mortgage liens treated in Georgia?

Georgia is known as a title theory state where the property title remains in the hands of the lender until payment in full occurs for the underlying loan. The document that secures the title in Georgia is called a deed to secure debt but may also be referred to as a security deed. The instrument that represents the borrower’s personal promise to pay the loan is known as a promissory note.

How are Georgia mortgages foreclosed?

The primary method of foreclosure in Georgia involves what is known as non-judicial foreclosure. This type of foreclosure does not involve court action unless a deficiency is sought. When the deed to secure debt is initially signed it will usually contain a provision called a power of sale clause, which upon default allows sale of the property in order to satisfy the underlying loan. Georgia does not use the typical deed of trust where the trustee acts as a representative of the lender and/or is the holder of the deed of trust. Foreclosure sales will typically occur in the form of an auction at the courthouse. Because this is a non-judicial remedy, there are very stringent notice requirements and the legal documents are required to contain the power of sale language in order to use this type of foreclosure method.

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Power of Sale Notice Requirements (Scroll down to see laws):

  1. Prior to initiating a foreclosure, the lender must send a demand letter requesting the payment of all past due amounts, which gives the borrower ten (10) days to pay these amounts otherwise foreclosure proceedings will begin. If payment is made at this stage no attorney's fees are assessed.
  2. The lender must then publish the notice of the scheduled foreclosure sale in the county newspaper in which the property is located for four (4) consecutive weeks before the sale (OCGA 9-13-141) The borrower must also receive by certified mail notice at least thirty (30) days before the date of the proposed sale (OCGA § 44-14-162.2).
  3. Foreclosure sales must take place on the first Tuesday of each month (between 10AM and 4PM) at the courthouse. The trustee will auction the property to the highest bidder at the courthouse steps (OCGA 9-13-161).

In Georgia, the lenders can also go to court in what is known as a judicial foreclosure proceeding where the court must issue a final judgment of foreclosure. If the security deed does not contain the power of sale language, or a standard mortgage is used, the lender usually must seek judicial foreclosure. The property is then sold as part of a publicly noticed sale. A complaint is filed in county court along with what is known a lis pendens. A lis pendens is a recorded document that provides public notice that the property is being foreclosed upon.

What are the legal instruments that establish a Georgia mortgage?

The documents are known as the deed to secure debt (security deed), promissory note, and in a commercial transaction, a security agreement.

How long does it take to foreclose a property in Georgia?

Depending on the timing of the various required notices, it usually takes approximately 60-90 days (technically) to effectuate an uncontested non-judicial foreclosure. (Note from OR: extended periods are more often seen.)  This process may be delayed if the borrower contests the action in court, seeks delays and adjournments of sales, or files for bankruptcy.

Is there a right of redemption in Georgia?

Once a deed under power of sale is issued to a successful bidder at the foreclosure sale, Georgia has no statutory right of redemption, which would allow a party whose property has been foreclosed to reclaim that property by making payment in full of the sum of the unpaid loan plus costs. (Note from OR: with wrongful foreclosure, we have seen reversals of the foreclosure.)

Are deficiency judgments permitted in Georgia?

Yes, a deficiency judgment may be obtained when a property in foreclosure is sold at a public sale for less than the loan amount that the underlying mortgage secures. The lender must seek a deficiency judgment within thirty (30) days after the foreclosure sale. The foreclosure sale must be confirmed.

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                          What statutes govern Georgia foreclosures?

The laws that govern Georgia foreclosures are found in of Georgia Code (O.C.G.A) O.C.G.A §44-14-162 et. seq. Actions to assert wrongful foreclosure for improper notice are referenced under O.C.G.A §9-11-65, and various notice requirements for Sheriff’s foreclosure sales are referenced under O.C.G.A. §9-13-140(a). To view these statutes on the Web, you can visit: http://www.lawskills.com/code/ga/44/14/161/

                                                GEORGIA STATUTES

OCGA § 7-6A GEORGIA FAIR LENDING ACT
OCGA § 7-6A-2(6)

(6) "Creditor" means a person who both regularly extends consumer credit that is subject to a finance charge or is payable by written agreement in more than four installments and is a person to whom the debt arising from the home loan transaction is initially payable...
A creditor shall not include: (A) a servicer; (B) an assignee; (C) a purchaser; or (D) any state or local housing finance agency or any other state or local governmental or quasi-governmental entity.
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NOTES on OCGA § 44-14-162 below:
(a) states that sale of real estate under power of sale contained in the deed to secure debt is NOT valid unless the sale is advertised properly and proper notice is given to the debtor by the secured creditor.

(b) states that the security instrument or assignment of the security instrument have to be filed “prior to the time of sale” in the office of the clerk. This does not take into account laws governing securitization trusts which require that all original promissory notes, deeds to secure debt and all assignments of deeds to secure debt be properly documented and stored with the co-trustee or document custodian of the trust within the trust close date (or within the grace period thereafter).

OCGA § 44-14-162. Sales made on foreclosure under power of sale -- Manner of advertisement and conduct necessary for validity; filing

(a) No sale of real estate under powers contained in mortgages, deeds, or other lien contracts shall be valid unless the sale shall be advertised and conducted at the time and place and in the usual manner of the sheriff's sales in the county in which such real estate or a part thereof is located and unless notice of the sale shall have been given as required by Code Section 44-14-162.2. If the advertisement contains the street address, city, and ZIP Code of the property, such information shall be clearly set out in bold type. In addition to any other matter required to be included in the advertisement of the sale, if the property encumbered by the mortgage, security deed, or lien contract has been transferred or conveyed by the original debtor to a new owner and an assumption by the new owner of the debt secured by said mortgage, security deed, or lien contract has been approved in writing by the secured creditor, then the advertisement should also include a recital of the fact of such transfer or conveyance and the name of the new owner, as long as information regarding any such assumption is readily discernable by the foreclosing creditor. Failure to include such a recital in the advertisement, however, shall not invalidate an otherwise valid foreclosure sale.
(b) The security instrument or assignment thereof vesting the secured creditor with title to the security instrument shall be filed prior to the time of sale in the office of the clerk of the superior court of the county in which the real property is located.
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OCGA § 44-14-162.1.  Sales made on foreclosure under power of sale -- Mailing of notice to debtor -- "Debtor" defined

   As used in Code Sections 44-14-162.2 through 44-14-162.4, the term "debtor" means the grantor of the mortgage, security deed, or other lien contract. In the event the property encumbered by the mortgage, security deed, or lien contract has been transferred or conveyed by the original debtor, the term "debtor" shall mean the current owner of the property encumbered by the debt, if the identity of such owner has been made known to and acknowledged by the secured creditor prior to the time the secured creditor is required to give notice pursuant to Code Section 44-14-162.2.
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NOTES on OCGA § 44-14-162.2 below : The current law states that the Notice of Initiation of foreclosure proceedings is to be given to the debtor by the secured creditor no later than 30 days before the date of the proposed foreclosure. It requires delivery of this Notice by registered or certified mail or statutory overnight delivery to the property address or another address designated by debtor to secured creditor. (b) requires that a notice of sale (advertisement in the legal organ/newspaper) be delivered to the debtor.

OCGA § 44-14-162.2. Foreclosures under power of sale -- Mailing or delivery of notice to debtor -- Procedures

(a) Notice of the initiation of proceedings to exercise a power of sale in a mortgage, security deed, or other lien contract shall be given to the debtor by the secured creditor no later than 30 days before the date of the proposed foreclosure. Such notice shall be in writing, shall include the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor, and shall be sent by registered or certified mail or statutory overnight delivery, return receipt requested, to the property address or to such other address as the debtor may designate by written notice to the secured creditor. The notice required by this Code section shall be deemed given on the official postmark day or day on which it is received for delivery by a commercial delivery firm. Nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or modify the terms of a mortgage instrument.

(b) The notice required by subsection (a) of this Code section shall be given by mailing or delivering to the debtor a copy of the notice of sale to be submitted to the publisher.
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OCGA § 9-13-141. Timing of advertisements

In all cases where the law requires citations, notices, or advertisements by probate court judges, clerks, sheriffs, county bailiffs, administrators, executors, guardians, trustees, or others to be published in a newspaper for 30 days or for four weeks or once a week for four weeks, it shall be sufficient and legal to publish the same once a week for four weeks, that is, one insertion each week for each of the four weeks, immediately preceding the term or day when the order is to be granted or the sale is to take place. The number of days between the date of the first publication and the term or day when the order is to be granted or the sale is to take place, whether more or less than 30 days, shall not in any manner invalidate or render irregular the notice, citation, advertisement, order, or sale. 
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O.C.G.A. 9-13-161. Where and when sales under execution held; change of place of public sales by court order

(a) Unless otherwise provided, sales of property taken under execution shall be made by the sheriffs or coroners only at the courthouse of the county where the levy was made on the first Tuesday in each month, between the hours of 10:00 A.M. and 4:00 P.M., and at public outcry; provided, however, that, should the first Tuesday of the month fall on New Year's Day or Independence Day, such sales shall take place on the immediately following Wednesday. A change in the time of such sales from the first Tuesday of the month to the first Wednesday of the month as provided in this subsection shall also apply to all public sales within the county required to be conducted at the time of the sheriff's sales.


                                                      POST FORECLOSURE


I. DEFICIENCY JUDGEMENTS
NOTES:  Under Georgia law there is a provision for the confirmation of non-judicial sales.  It requires the initiation of an action seeking a deficiency judgment for the unpaid balance of the debt.  It requires an affirmative showing from the mortgagee that, at the foreclosure sale, the property did not bring true market value.

OCGA § 44-14-161.  Sales made on foreclosure under power of sale -- When deficiency judgment allowed; confirmation and approval; notice and hearing; resale

(a) When any real estate is sold on foreclosure, without legal process, and under powers contained in security deeds, mortgages, or other lien contracts and at the sale the real estate does not bring the amount of the debt secured by the deed, mortgage, or contract, no action may be taken to obtain a deficiency judgment unless the person instituting the foreclosure proceedings shall, within 30 days after the sale, report the sale to the judge of the superior court of the county in which the land is located for confirmation and approval and shall obtain an order of confirmation and approval thereon.
(b) The court shall require evidence to show the true market value of the property sold under the powers and shall not confirm the sale unless it is satisfied that the property so sold brought its true market value on such foreclosure sale.
(c) The court shall direct that a notice of the hearing shall be given to the debtor at least five days prior thereto; and at the hearing the court shall also pass upon the legality of the notice, advertisement, and regularity of the sale. The court may order a resale of the property for good cause shown.


II. RECORDATION OF DEED UNDER POWER
NOTES:
This law requires that all Deeds Under Power showing the conveyance of deed to the new secured creditor be recorded by the holder within 90 days of the foreclosure sale.
In a dispossessory action whereby the debtor maintains the position that he/she has been wrongfully foreclosed and is not a tenant, the opposing party must present a deed under power, or foreclosure deed, showing the alleged new owner - otherwise there is no "proof" that there is a new owner.

OCGA § 44-14-160

.  Recording of foreclosure and deed under power; notations of sale in records.

Within 90 days of a
foreclosure sale, all deeds under power shall be recorded by the holder of a deed to secure debt or a mortgage with the clerk of the superior court of the county or counties in which the foreclosed property is located.The clerk shall write in the margin of the page where the deed to secure debt or mortgage foreclosed upon is recorded the word "foreclosed" and the deed book and page number on which is recorded the deed under power conveying the real property; provided, however, that, in counties where the clerk keeps the records affecting real estate on microfilm, the notation provided for in this Code section shall be made in the same manner in the index or other place where the clerk records transfers and cancellations of deeds to secure debt.


                                   STATE STATUTES APPLICABLE TO DEFENSE

NOTES:  The homeowner has to question the validity of the instrument's authenticity; otherwise it is presumed to be authentic.
OCGA § 11-3-308.  Proof of signatures and status as holder in due course

(a) In an action with respect to an instrument, the authenticity of and authority to make each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under subsection (a) of Code Section 11-3-402.
(
b) If the validity of signatures is admitted or proved and there is compliance with subsection (a) of this Code section, a plaintiff producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under Code Section 11-3-301, unless the defendant proves a defense or claim in recoupment. If a defense or claim in recoupment is proved, the right to payment of the plaintiff is subject to the defense or claim, except to the extent the plaintiff proves that the plaintiff has rights of a holder in due course which are not subject to the defense or claim.

                                                      STATE CRIMINAL STATUTES

New Laws (Criminal) - See Top of page.  See also www.operationrest.org/cbsatlanta.

O.C.G.A. § 16-8-3. Theft by deception.  More...
(a)  A person commits the offense of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property.
(b) A person deceives if he intentionally:
   (1) Creates or confirms another's impression of an existing fact or past event which is false and which the accused knows or believes to be false;
   (2) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed;
   (
3) Prevents another from acquiring information pertinent to the disposition of the property involved;
   (4) Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record; or
   (5) Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this subsection.
(c) "Deceitful means" and "artful practice" do not, however, include falsity as to matters having no pecuniary significance, or exaggeration by statements unlikely to deceive ordinary persons in the group addressed. 

O.C.G.A.
§ 16-8-2  Theft by taking.  More..
  
A person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.

O.C.G.A. § 16-8-4  Theft by conversion.  More...
   (a) A person commits the offense of theft by conversion when, having lawfully obtained funds or other property of another including, but not limited to, leased or rented personal property, under an agreement or other known legal obligation to make a specified application of such funds or a specified disposition of such property, he knowingly converts the funds or property to his own use in violation of the agreement or legal obligation. This Code section applies whether the application or disposition is to be made from the funds or property of another or from the accused's own funds or property in equivalent amount when the agreement contemplates that the accused may deal with the funds or property of another as his own.
 
(b) When, under subsection (a) of this Code section, an officer or employee of a government or of a financial institution fails to pay on an account, upon lawful demand, from the funds or property of another held by him, he is presumed to have intended to convert the funds or property to his own use.
  (c)(1) As used in this subsection, the term "personal property" means personal property having a replacement cost value greater than $100.00, excluding any late fees and penalties, and includes heavy equipment as defined in paragraph (2) of Code Section 10-1-731 and tractors and farm equipment primarily designed for use in agriculture.
 
O.C.G.A. § 16-8-16.  Theft by extortion  More...
(a) A person commits the offense of theft by extortion when he unlawfully obtains property of or from another person by threatening to:
   (1) Inflict bodily injury on anyone or commit any other criminal offense;
   (2) Accuse anyone of a criminal offense;
   (3) Disseminate any information tending to subject any person to hatred, contempt, or ridicule or to impair his credit or business repute;
   (4) Take or withhold action as a public official or cause an official to take or withhold action;
   (5) Bring about or continue a strike, boycott, or other collective unofficial action if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or
   (6) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense.

(b) In a prosecution under this Code section, the crime shall be considered as having been committed in the county in which the threat was made or received or in the county in which the property was unlawfully obtained.
(c) It is an affirmative defense to prosecution based on paragraph (2), (3), (4), or (6) of subsection (a) of this Code section that the property obtained by threat of accusation, exposure, legal action, or other invocation of official action was honestly claimed as restitution or indemnification for harm done in the circumstance to which such accusation, exposure, legal action, or other official action relates or as compensation for property or lawful services.
(d) A person convicted of the offense of theft by extortion shall be punished by imprisonment for not less than one nor more than ten years.

O.C.G.A. § 16-10-20. False statements and writings, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions.  More...

A person who knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact; makes a false, fictitious, or fraudulent statement or representation; or makes or uses any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state shall, upon conviction thereof, be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both.  


O.C.G.A. § 16-10-71. False swearing.  More...
(a)  A person to whom a lawful oath or affirmation has been administered or who executes a document knowing that it purports to be an acknowledgment of a lawful oath or affirmation commits the offense of false swearing when, in any matter or thing other than a judicial proceeding, he knowingly and willfully makes a false statement.

 

O.C.G.A. § 16-10-1. Violation of oath by public officer.   More...

Any public officer who willfully and intentionally violates the terms of his oath as prescribed by law shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.

Forgery.  Will require investigation of signatures.  This could pertain to signatures of “officers” signing Assignments and to Notaries.
O.C.G.A. § 16-9-1. Forgery in the first degree.  More...

(a)  A person commits the offense of forgery in the first degree when with intent to defraud he knowingly makes, alters, or possesses any writing in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority and utters or delivers such writing.
   (b) A person convicted of the offense of forgery in the first degree shall be punished by
imprisonment for not less than one nor more than ten years.


O.C.G.A. § 16-9-2. Forgery in the second degree.  More...
(a)  A person commits the offense of forgery in the second degree when with the intent to defraud he knowingly makes, alters, or possesses any writing in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.  
(b) A person convicted of the offense of forgery in the second degree shall be punished by imprisonment for not less than one nor more than five years.

 

Pertaining to Notary Publics who have not received their commission but sign as a “Notary Public”…

O.C.G.A. § 16-10-23. Impersonating a public officer or employee.  More...
A person who falsely holds himself out a peace officer or other public officer or employee with intent to mislead another into believing that he is actually such officer commits the offense of impersonating an officer and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both 

 

Other fitting charges that could be used in general.

O.C.G.A. § 16-9-121. Elements of offense  More...

(5) Without authorization or consent, creates, uses, or possesses with intent to fraudulently use any counterfeit or fictitious identifying information concerning a real person with intent to use such counterfeit or fictitious identification information for the purpose of committing or facilitating the commission of a crime or fraud on another person.  


O.C.G.A. § 16-4-1. Criminal attempt.  More...
A person commits the offense of criminal attempt when, with intent to commit a specific crime, he performs any act which constitutes a substantial step toward the commission of that crime.  

Racketeering
O.C.G.A. § 16-14-4. Prohibited activities.  More...
(a)  It is unlawful for any person, through a pattern of racketeering activity or proceeds derived therefrom, to acquire or maintain, directly or indirectly, any interest in or control of any enterprise, real property, or personal property of any nature, including money.  
(b)  It is unlawful for any person employed by or associated with any enterprise to conduct or participate in, directly or indirectly, such enterprise through a pattern of racketeering activity.  

(c)  It is unlawful for any person to conspire or endeavor to violate any of the provisions of subsection (a) or (b) of this Code section. 

Other codes that may pertain to cases:
O.C.G.A. §44-2-46  More...

Any examiner of title who knowingly and fraudulently makes any false report to the court as to any matter relating to any title which is sought to be registered under this article, as to any matter affecting the same, or as to any other matter referred to him under this article or who fraudulently conspires with any other person or persons to use this article in defrauding any other person or persons, firm, or corporation or who is guilty of any willful malpractice in his office shall be guilty of a felony and be punished by imprisonment for not less than one nor more than ten years.

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Thank you for contacting Operation Restoration. Please fill in the information below if you need clarification on material or guidance on strategy. We will contact you shortly. Notes: (1) While the information provided on the website is free to use (if it helps you in any way, please remember to donate), we are transitioning into a donation-based personalized assistance operation. As you know this arena is very specialized. This mission has spent extensive hours over the past 6 years to remain ahead of the curve. (2) Remember, your participation and team work are necessary as ongoing in-depth research is necessary to achieve leverage. Education empowers people to survive and succeed. We look forward to speaking with you. Sincerely, Anne Batte Executive Director