24 LC 48 1236S
The House Committee on Judiciary offers the following substitute to HB 1292:
A BILL TO BE ENTITLED
AN ACT
To amend Titles 44 and 45 of the Official Code of Georgia Annotated, relating to property1
and public officers and employees, respectively, so as to require that real estate documents2
presented by self-filers be recorded using electronic filing; to require that notaries public3
keep a journal of each notarial act performed; to provide for education and training4
requirements of notaries public; to provide for the promulgation of rules and regulations; to5
amend Titles 23 and 51 of the Official Code of Georgia Annotated, relating to equity and6
torts, respectively, so as to provide remedies for fraudulently recorded deeds or other7
instruments; to provide for the recovery of costs and attorney's fees in certain quiet title8
actions; to provide for a civil cause of action for the recording of fraudulent or forged deeds9
or other instruments; to provide for related matters; to repeal conflicting laws; and for other10
purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
H. B. 1292 (SUB)
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PART I13
SECTION 1-1.14
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by15
revising Code Section 44-2-2, relating to the duty of clerk to record certain transaction16
affecting real estate and personal property, priority of recorded instruments, electronic17
filings, effect of incorrect tax parcel identification number, and effect of recording on rights18
between parties to instruments, as follows:19
"44-2-2.20
(a) As used in this Code section, the term 'self-filer' means any person who is a party to an21
instrument listed in paragraph (1) of subsection (b) of this Code section who is not:22
(1) An insurance agent or a representative of an insurance agency licensed to sell title23
insurance in this state;24
(2) An attorney licensed to practice law in this state or a representative of an attorney25
licensed to practice law in this state;26
(3) Licensed under Chapter 40 of Title 43;27
(4) An agent of a national or state chartered bank or any federally insured financial28
institution or credit union or affiliate thereof;29
(5) An agent of a servicer as such term is defined in 12 C.F.R. Section 1024.2; 30
(6) A public official or employee of a federal, state, or local government or a department,31
agency, board, commission, or authority thereof performing their official duties; or32
(7) A professional land surveyor licensed under Chapter 15 of Title 43 and in good33
standing with the Georgia Professional Engineers and Land Surveyors Board.34
(a)(b)(1) The clerk of the superior court shall file, index on a computer program designed35
for such purpose, and permanently record, in the manner provided constructively in Code36
Sections 15-6-61 and 15-6-66, the following instruments conveying, transferring,37
encumbering, or affecting real estate and personal property:38
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(A) Deeds;39
(B) Mortgages;40
(C) Liens as provided for by law;41
(D) Maps or plats relating to real estate in the county; and42
(E) State tax executions and state tax execution renewals as provided for in Article 243
of Chapter 3 of Title 48.44
(2) As used in this subsection, the term 'liens' shall have the same meaning as described45
in Code Sections 15-19-14, 44-14-320, and 44-14-602 and shall include all liens provided46
by state or federal statute.47
(3) When indexing liens, the clerk shall index the names of parties in the manner48
provided by such rules and regulations adopted by the Georgia Superior Court Clerks'49
Cooperative Authority pursuant to the provisions of Code Section 15-6-61 as authorized50
by Code Section 15-6-97.51
(4) When indexing maps or plats relating to real estate in the county, the clerk of the52
superior court shall index the names or titles provided in the caption of the plat.53
(b)(c) Deeds, mortgages, and liens of all kinds which are required by law to be recorded54
in the office of the clerk of the superior court and which are against the interests of third55
parties who have acquired a transfer or lien binding the same property and who are acting56
in good faith and without notice shall take effect only from the time they are filed for57
record in the clerk's office.58
(c)(d)(1) The clerk of the superior court shall offer electronic filing for the recording of all59
instruments listed in paragraph (1) of subsection (a)(b) of this Code section. On and after60
January 1, 2025, any instrument listed in paragraph (1) of subsection (b) of this Code61
section presented to a clerk of superior court for recording by a self-filer shall be submitted62
using electronic filing.63
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(d)(e) The clerk of the superior court shall make available a public computer terminal64
which provides a filer with access to the Georgia Superior Court Clerks' Cooperative65
Authority's electronic filing portal.66
(e)(f) The presence of an incorrect tax parcel identification number, or the absence of a tax67
parcel identification number, on a recorded instrument shall not:68
(1) Void or render voidable such instrument;69
(2) Affect the validity, enforceability, or priority of such instrument; or70
(3) Affect any notice, constructive or otherwise, provided by the recordation of such71
instrument.72
(f)(g) Nothing in this Code section shall be construed to affect the validity, enforceability,73
or priority of any deed, mortgage, judgment, or lien of any kind between the parties74
thereto."75
SECTION 1-2.76
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,77
is amended by revising Code Section 44-17-8, relating to powers and duties generally of78
notaries public, as follows:79
"45-17-8.80
(a) Notaries public shall have authority to:81
(1) Witness or attest signature or execution of deeds and other written instruments;82
(2) Take acknowledgments;83
(3) Administer oaths and affirmations in all matters incidental to their duties as84
commercial officers and all other oaths and affirmations which are not by law required85
to be administered by a particular officer;86
(4) Witness affidavits upon oath or affirmation;87
(5) Take verifications upon oath or affirmation;88
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(6) Make certified copies, provided that the document presented for copying is an89
original document and is neither a public record nor a publicly recorded document,90
certified copies of which are available from an official source other than a notary, and91
provided that the document was photocopied under supervision of the notary; and92
(7) Perform such other acts as they are authorized to perform by other laws of this state.93
(b) No notary shall be obligated to perform a notarial act if he or she feels such act is:94
(1) For a transaction which the notary knows or suspects is illegal, false, or deceptive;95
(2) For a person who is being coerced;96
(3) For a person whose demeanor causes compelling doubts about whether the person97
knows the consequences of the transaction requiring the notarial act; or98
(4) In situations which impugn and compromise the notary's impartiality, as specified in99
subsection (c) of this Code section.100
(c) A notary shall be disqualified from performing a notarial act in the following situations101
which impugn and compromise the notary's impartiality:102
(1) When the notary is a signer of the document which is to be notarized; or103
(2) When the notary is a party to the document or transaction for which the notarial act104
is required.105
(d) A notary public shall not execute a notarial certificate containing a statement known106
by the notary to be false nor perform any action with an intent to deceive or defraud.107
(e) In performing any notarial act, a notary public shall confirm the identity of the108
document signer, oath taker, or affirmant based on personal knowledge or on satisfactory109
evidence. Such satisfactory evidence shall include, but not be limited to, by verification110
of a government issued photo identification document, including without limitation a valid111
driver's license, personal identification card authorized under Code Sections 40-5-100112
through 40-5-104, or a military identification card such as a Veterans Health Identification113
Card issued by the United States Department of Veterans Affairs, or based on personal114
knowledge.115
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(f) The signature of a notary public documenting a notarial act shall not be evidence to116
show that such notary public had knowledge of the contents of the document so signed,117
other than those specific contents which constitute the signature, execution,118
acknowledgment, oath, affirmation, affidavit, verification, or other act which the signature119
of that notary public documents, nor is a certification by a notary public that a document120
is a certified or true copy of an original document evidence to show that such notary public121
had knowledge of the contents of the document so certified.122
(g) A notary public shall maintain a written or electronic journal which shall include an123
entry for each notarial act performed. Each such entry shall include the name of the signer;124
the signer's address; the signer's telephone number; the date, time, and location of125
notarization; the type of government issued photo identification document presented by the126
signer; elements of such identification document, including any identifying number; the127
signer's signature; and the type of document presented for notarization.128
(h)(1) A notary public shall complete an educational training class relating to the duties129
of notaries public as provided for in this chapter. Such training shall be completed prior130
to the initial appointment and within 30 days prior to each subsequent renewal131
appointment.132
(2) The Georgia Superior Court Clerks' Cooperative Authority may adopt rules and133
regulations necessary to implement this subsection."134
PART II135
SECTION 2-1.136
Title 23 of the Official Code of Georgia Annotated, relating to equity, is amended by revising137
Code Section 23-3-41, relating to when relief is granted and costs, as follows:138
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"23-3-41.139
(a) In all proceedings quia timet or proceedings to remove clouds upon titles to real estate,140
if a proper case is made, the relief sought shall be granted to any complainant irrespective141
of whether the invalidity of the instrument sought to be canceled appears upon the face of142
the instrument or whether the invalidity appears or arises solely from facts outside of the143
instrument.144
(b) In such cases the costs shall be taxed against the litigants in the discretion of the court;145
provided, however, that, in any case where it is found that the defendant fraudulently146
created the instrument that is sought to be cancelled, the complainant shall be entitled to147
recover all costs, including reasonable attorney's fees, incurred in bringing the action to148
cancel such instrument."149
SECTION 2-2.150
Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding151
a new Code section to read as follows:152
"51-9-12.153
(a) In addition to any other remedy that may be available at law or in equity, the owner of154
any real property may bring an action against an individual who has knowingly filed,155
entered, or recorded, or caused to be filed, entered or recorded, in any public record a false156
or forged deed or other instrument purporting to convey the owner's interest to such real157
property to such individual or a third party or purporting to encumber the owner's interest158
in such real property to:159
(1) Recover the owner's actual damages caused by the filing, entering, or recording of160
such false or forged deed or other instrument or $5,000.00, whichever is greater; and161
(2) Recover the owner's costs incurred in bringing such action, including reasonable162
attorney's fees.163
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(b) Nothing in this Code section shall be construed as creating a cause of action against164
any public official or employee, including, without limitation, a clerk of the superior court165
or any employee or agent of a clerk of the superior court, for actions taken in the166
performance of his or her duties."167
PART III168
SECTION 3-1.169
(a) Except as provided for in subsection (b) of this section, this Act shall become effective170
upon its approval by the Governor or upon its becoming law without such approval.171
(b) Part I of this Act shall become effective on January 1, 2025.172
SECTION 3-2.173
All laws and parts of laws in conflict with this Act are repealed. 174
H. B. 1292 (SUB)
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