24 LC 55 0234
House Bill 1292
By: Representatives Okoye of the 102
nd
, Burns of the 159
th
, Efstration of the 104
th
, Beverly
of the 143
rd
, Reeves of the 99
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to
1
recordation and registration of deeds and other instruments, so as to require that the clerks2
of the superior courts obtain photographic identification cards of individuals who present3
deeds or other instruments for recording; to require such clerks retain certain information4
relating to deeds or other instruments presented for recording; to provide for exceptions; to5
provide for the promulgation of rules and regulations; to amend Titles 23 and 51 of the6
Official Code of Georgia Annotated, relating to equity and torts, respectively, so as to7
provide remedies for fraudulently recorded deeds or other instruments; to provide for the8
recovery of costs and attorney's fees in certain quiet title actions; to provide for a civil cause9
of action for the recording of fraudulent or forged deeds or other instruments; to provide for10
related matters; to repeal conflicting laws; and for other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
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PART I
13
SECTION 1-1.14
Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation and15
registration of deeds and other instruments, is amended by adding a new Code section to read16
as follows:17
"44-2-31.
18
(a)(1) Except as provided in subsection (c) of this Code section, when a deed or other19
instrument purporting to convey title to real property or an interest therein is presented20
to a clerk of the superior court for recording, whether in person or through an electronic21
recording service, the clerk shall require the individual presenting the deed or other22
instrument to produce a government issued photographic identification card before23
recording the deed or other instrument.24
(2) For purposes of this subsection, a government issued photographic identification card25
shall include, but shall not be limited to, a passport, a military identification card, a26
driver's license, or an identification card authorized under Code Sections 40-5-10027
through 40-5-104.28
(b) Upon being presented with a government issued photographic identification card by29
an individual pursuant to subsection (a) of this Code section, the clerk of the superior court30
shall make a photocopy of the identification card and document on the photocopy31
information relating to the deed or other instrument that was presented by such individual32
for recording, which shall include the deed book and page number assigned to such deed33
or other instrument. Such photocopy and information shall not be recorded in the real34
estate records, shall not be subject to Article 4 of Chapter 18 of Title 50, and shall be35
treated as confidential and released only:36
(1) To peace officers in the course of investigating potential crimes;37
(2) In response to a subpoena, discovery request, or court order;38
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(3) To an individual who holds a recorded interest in the real property that was39
purportedly conveyed by the recorded deed or other instrument; or40
(4) To an individual who is named as a grantor or a grantee on the recorded deed or other41
instrument that purports to convey an interest in real property.42
(c) The requirements of subsection (a) of this Code section shall not apply to an individual43
who is licensed to practice law in this state, who is licensed under Chapter 40 of Title 43,44
or who is an agent of a financial institution or credit union that is licensed or regulated45
under Chapter 1 or Chapter 2 of Title 7, provided that such individual submits evidence,46
to the clerk's satisfaction, that he or she is licensed to practice law in this state, is licensed47
under Chapter 40 of Title 43, or is an agent of a financial institution or credit union that is48
licensed or regulated under Chapter 1 or Chapter 2 of Title 7.49
(d) The Georgia Superior Court Clerks' Cooperative Authority may adopt rules and50
regulations necessary to implement this Code section."51
SECTION 1-2.52
Said chapter is further amended by revising Code Section 44-2-39, relating to adoption of53
rules and regulations and standardization, as follows:54
"44-2-39.55
(a) The authority shall adopt rules and regulations and any standardized forms necessary56
to implement this part.57
(b) The rules and regulations adopted by the authority pursuant to this Code section shall58
include any rules and regulations necessary to ensure that a clerk of the superior court who59
accepts electronic documents for recording complies with the requirements of Code Section60
44-2-31 when accepting such electronic documents for recording.61
(c) To promote uniform standards and practices and compatibility of technology used62
within offices of clerks of superior court in this state and recording offices in other states63
that have enacted or may enact provisions substantially similar to those contained within64
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this part, the authority shall consider when adopting, amending, and repealing its rules and
65
regulations and any standardized forms:66
(1) Standards and practices of other jurisdictions;67
(2) The most recent standards promulgated by national standard-setting bodies, such as68
the Property Records Industry Association;69
(3) The views of interested persons and governmental officials and entities;70
(4) The needs of counties of varying size, population, and resources; and71
(5) Standards that ensure that electronic documents are accurate, authentic, adequately72
preserved, and resistant to tampering."73
PART II74
SECTION 2-1.75
Title 23 of the Official Code of Georgia Annotated, relating to equity, is amended by revising76
Code Section 23-3-41, relating to when relief is granted and costs, as follows:77
"23-3-41.78
(a) In all proceedings quia timet or proceedings to remove clouds upon titles to real estate,79
if a proper case is made, the relief sought shall be granted to any complainant irrespective80
of whether the invalidity of the instrument sought to be canceled appears upon the face of81
the instrument or whether the invalidity appears or arises solely from facts outside of the82
instrument.83
(b) In such cases the costs shall be taxed against the litigants in the discretion of the court;
84
provided, however, that, in any case where it is found that the defendant fraudulently85
created the instrument that is sought to be cancelled, the complainant shall be entitled to86
recover all costs, including reasonable attorney's fees, incurred in bringing the action to87
cancel such instrument."88
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SECTION 2-2.
89
Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding90
a new Code section to read as follows:91
"51-9-12.
92
(a) In addition to any other remedy that may be available at law or in equity, the owner of93
any real property may bring an action against an individual who has knowingly filed,94
entered, or recorded, or caused to be filed, entered or recorded, in any public record a false95
or forged deed or other instrument purporting to convey the owner's interest to such real96
property to such individual or a third party or purporting to encumber the owner's interest97
in such real property to:98
(1) Recover the owner's actual damages caused by the filing, entering, or recording of99
such false or forged deed or other instrument or $5,000.00, whichever is greater; and100
(2) Recover the owner's costs incurred in bringing such action, including reasonable101
attorney's fees.102
(b) Nothing in this Code section shall be construed as creating a cause of action against103
any public official or employee, including, without limitation, a clerk of the superior court104
or any employee or agent of a clerk of the superior court, for actions taken in the105
performance of his or her duties."106
PART III107
SECTION 3-1.108
(a) Except as provided for in subsection (b) of this section, this Act shall become effective109
upon its approval by the Governor or upon its becoming law without such approval.110
(b) Part I of this Act shall become effective on January 1, 2025.111
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SECTION 3-2.
112
All laws and parts of laws in conflict with this Act are repealed.113
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