24 LC 55 0293S
The Senate Committee on Judiciary offered 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 the promulgation of3
rules and regulations by the Georgia Superior Court Clerks' Cooperative Authority to ensure4
that persons presenting electronic documents for recording provide identifying information;5
to require that notaries public keep a journal of each notarial act performed for a self-filer;6
to provide for education and training requirements of notaries public; to provide for the7
promulgation of rules and regulations; to amend Titles 10, 23, and 51 of the Official Code8
of Georgia Annotated, relating to commerce and trade, equity, and torts, respectively, so as9
to provide protections concerning real estate transactions; to require certain notices be10
included in certain solicitations regarding the purchase of real property; to provide penalties;11
to provide remedies for fraudulently recorded deeds or other instruments; to provide for the12
recovery of costs and attorney's fees in certain quiet title actions; to provide for a civil cause13
of action for the recording of fraudulent or forged deeds or other instruments; to provide for14
related matters; to provide for effective dates; to repeal conflicting laws; and for other15
purposes.16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17
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PART I18
SECTION 1-1.19
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by20
revising Code Section 44-2-2, relating to the duty of clerk to record certain transaction21
affecting real estate and personal property, priority of recorded instruments, electronic22
filings, effect of incorrect tax parcel identification number, and effect of recording on rights23
between parties to instruments, as follows:24
"44-2-2.25
(a) As used in this Code section, the term 'self-filer' means any person who is a party to26
an instrument listed in paragraph (1) of subsection (b) of this Code section who is not:27
(1) An insurance agent or a representative of an insurance agency licensed to sell title28
insurance in this state;29
(2) An attorney licensed to practice law in this state or a representative of an attorney30
licensed to practice law in this state;31
(3) Licensed under Chapter 40 of Title 43;32
(4) An agent of a bank or credit union with federal deposit insurance or an affiliate33
thereof;34
(5) An agent of a licensed or exempt mortgage lender pursuant to Article 13 of Chapter 135
of Title 7;36
(6) An agent of a servicer as such term is defined in 12 C.F.R. Section 1024.2;37
(7) A public official or employee of a federal, state, or local government or a department,38
agency, board, commission, or authority thereof performing their official duties; or39
(8) A professional land surveyor licensed under Chapter 15 of Title 43 and in good40
standing with the Georgia Professional Engineers and Land Surveyors Board.41
(a)(b)(1) The clerk of the superior court shall file, index on a computer program designed42
for such purpose, and permanently record, in the manner provided constructively in Code43
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Sections 15-6-61 and 15-6-66, the following instruments conveying, transferring,44
encumbering, or affecting real estate and personal property:45
(A) Deeds;46
(B) Mortgages;47
(C) Liens as provided for by law;48
(D) Maps or plats relating to real estate in the county; and49
(E) State tax executions and state tax execution renewals as provided for in Article 250
of Chapter 3 of Title 48.51
(2) As used in this subsection, the term 'liens' shall have the same meaning as described52
in Code Sections 15-19-14, 44-14-320, and 44-14-602 and shall include all liens provided53
by state or federal statute.54
(3) When indexing liens, the clerk shall index the names of parties in the manner55
provided by such rules and regulations adopted by the Georgia Superior Court Clerks'56
Cooperative Authority pursuant to the provisions of Code Section 15-6-61 as authorized57
by Code Section 15-6-97.58
(4) When indexing maps or plats relating to real estate in the county, the clerk of the59
superior court shall index the names or titles provided in the caption of the plat.60
(b)(c) Deeds, mortgages, and liens of all kinds which are required by law to be recorded61
in the office of the clerk of the superior court and which are against the interests of third62
parties who have acquired a transfer or lien binding the same property and who are acting63
in good faith and without notice shall take effect only from the time they are filed for64
record in the clerk's office.65
(c)(d)(1) The clerk of the superior court shall offer electronic filing for the recording of66
all instruments listed in paragraph (1) of subsection (a)(b) of this Code section. On and67
after January 1, 2025, any instrument listed in paragraph (1) of subsection (b) of this68
Code section presented to a clerk of superior court for recording by a self-filer shall be69
submitted using electronic filing.70
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(d)(e) The clerk of the superior court shall make available a public computer terminal71
which provides a filer with access to the Georgia Superior Court Clerks' Cooperative72
Authority's electronic filing portal.73
(e)(f) The presence of an incorrect tax parcel identification number, or the absence of a tax74
parcel identification number, on a recorded instrument shall not:75
(1) Void or render voidable such instrument;76
(2) Affect the validity, enforceability, or priority of such instrument; or77
(3) Affect any notice, constructive or otherwise, provided by the recordation of such78
instrument.79
(f)(g) Nothing in this Code section shall be construed to affect the validity, enforceability,80
or priority of any deed, mortgage, judgment, or lien of any kind between the parties81
thereto."82
SECTION 1-2.83
Said title is further amended by revising Code Section 44-2-39, relating to the adoption of84
rules and regulations and standardization, as follows:85
"44-2-39.86
(a) The authority shall adopt rules and regulations and any standardized forms necessary87
to implement this part.88
(b)(1) The rules and regulations adopted by the authority pursuant to this Code section89
shall include any rules and regulations necessary to ensure that any individual wanting90
to submit electronic documents for recording, regardless of whether such individual is91
acting on his or her own behalf or on behalf of another person and prior to such92
individual submitting to a clerk of the superior court any electronic documents for93
recording, provide through the authority's electronic filing portal information sufficient94
to identify such individual. Such information may include, without limitation, a copy of95
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the individual's driver's license, passport, military identification card, or personal96
identification card authorized under Code Sections 40-5-100 through 40-5-104.97
(2) Any information required to be provided by an individual pursuant to the rules and98
regulations adopted by the authority pursuant to paragraph (1) of this subsection shall be99
retained by the authority, shall not be subject to Article 4 of Chapter 18 of Title 50, and100
shall be treated as confidential and released only:101
(A) To peace officers in the course of investigating potential crimes;102
(B) In response to a subpoena, discovery request, or court order;103
(C) To an individual who holds a recorded interest in real property that was the subject104
of an electronic document that was submitted for recording by the individual who105
provided such information; or106
(D) To an individual who is named as a party in an electronic document that was107
submitted for recording by the individual who provided such information.108
(c) To promote uniform standards and practices and compatibility of technology used109
within offices of clerks of superior court in this state and recording offices in other states110
that have enacted or may enact provisions substantially similar to those contained within111
this part, the authority shall consider when adopting, amending, and repealing its rules and112
regulations and any standardized forms:113
(1) Standards and practices of other jurisdictions;114
(2) The most recent standards promulgated by national standard-setting bodies, such as115
the Property Records Industry Association;116
(3) The views of interested persons and governmental officials and entities;117
(4) The needs of counties of varying size, population, and resources; and118
(5) Standards that ensure that electronic documents are accurate, authentic, adequately119
preserved, and resistant to tampering."120
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SECTION 1-3.121
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,122
is amended by revising Code Section 45-17-8, relating to powers and duties generally of123
notaries public, as follows:124
"45-17-8.125
(a) Notaries public shall have authority to:126
(1) Witness or attest signature or execution of deeds and other written instruments;127
(2) Take acknowledgments;128
(3) Administer oaths and affirmations in all matters incidental to their duties as129
commercial officers and all other oaths and affirmations which are not by law required130
to be administered by a particular officer;131
(4) Witness affidavits upon oath or affirmation;132
(5) Take verifications upon oath or affirmation;133
(6) Make certified copies, provided that the document presented for copying is an134
original document and is neither a public record nor a publicly recorded document,135
certified copies of which are available from an official source other than a notary, and136
provided that the document was photocopied under supervision of the notary; and137
(7) Perform such other acts as they are authorized to perform by other laws of this state.138
(b) No notary shall be obligated to perform a notarial act if he or she feels such act is:139
(1) For a transaction which the notary knows or suspects is illegal, false, or deceptive;140
(2) For a person who is being coerced;141
(3) For a person whose demeanor causes compelling doubts about whether the person142
knows the consequences of the transaction requiring the notarial act; or143
(4) In situations which impugn and compromise the notary's impartiality, as specified in144
subsection (c) of this Code section.145
(c) A notary shall be disqualified from performing a notarial act in the following situations146
which impugn and compromise the notary's impartiality:147
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(1) When the notary is a signer of the document which is to be notarized; or148
(2) When the notary is a party to the document or transaction for which the notarial act149
is required.150
(d) A notary public shall not execute a notarial certificate containing a statement known151
by the notary to be false nor perform any action with an intent to deceive or defraud.152
(e) In performing any notarial act, a notary public shall confirm the identity of the153
document signer, oath taker, or affirmant based on personal knowledge or on satisfactory154
evidence. Such satisfactory evidence shall include, but not be limited to, by verification155
of a government issued photo identification document, including without limitation a valid156
driver's license, personal identification card authorized under Code Sections 40-5-100157
through 40-5-104, or a military identification card such as a Veterans Health Identification158
Card issued by the United States Department of Veterans Affairs, or based on personal159
knowledge.160
(f) The signature of a notary public documenting a notarial act shall not be evidence to161
show that such notary public had knowledge of the contents of the document so signed,162
other than those specific contents which constitute the signature, execution,163
acknowledgment, oath, affirmation, affidavit, verification, or other act which the signature164
of that notary public documents, nor is a certification by a notary public that a document165
is a certified or true copy of an original document evidence to show that such notary public166
had knowledge of the contents of the document so certified.167
(g)(1) As used in this subsection, the term 'self-filer' shall have the same meaning as168
provided in Code Section 44-2-2.169
(2) A notary public shall maintain a written or electronic journal which shall include an170
entry for each notarial act performed at the request of a self-filer. Each such entry shall171
include the name of the self-filer; the self-filer's address; the self-filer's telephone172
number; the date, time, and location of notarization; the type of government issued photo173
identification document presented by the self-filer, unless the identity of the self-filer was174
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confirmed based on personal knowledge; elements of such identification document, if175
applicable, including any identifying number; the self-filer's signature; and the type of176
document presented for notarization.177
(h)(1) A notary public shall complete an educational training class relating to the duties178
of notaries public as provided for in this chapter. Such training shall be completed prior179
to the initial appointment and within 30 days prior to each subsequent renewal180
appointment.181
(2) The Georgia Superior Court Clerks' Cooperative Authority may adopt rules and182
regulations necessary to implement the provisions of this subsection."183
PART II184
SECTION 2-1.185
Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is186
amended in Code Section 10-1-393.19, relating to unsolicited inquiries, by adding a new187
subparagraph to paragraph (1) of subsection (a), revising subsection (b), and adding a new188
subsection to read as follows:189
"(A.1)(i) If the solicitation includes a monetary offer, following the text required in190
subparagraph (A) of this paragraph, the following notice in capital letters:191
'THIS OFFER MAY OR MAY NOT BE THE FAIR MARKET VALUE192
OF THE PROPERTY.'193
(ii) If the solicitation includes a monetary offer less than the value of the previous194
year's assessed value for ad valorem taxation by the county tax assessor for the county195
in which the property is located, following the text required in subdivision (i) of this196
subparagraph, the following notice in capital letters:197
'THIS OFFER IS LESS THAN THE COUNTY ASSESSED VALUE FOR198
THIS PROPERTY.'"199
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"(b) Failure to comply with the provisions of this Code section shall be considered an200
unfair or deceptive act or practice which is unlawful and shall therefore be punishable by201
the provisions of this part; provided, however, that notwithstanding Code Section 10-1-399,202
a claim of a violation of this Code section may be brought in a representative capacity and203
may be the subject of a class action under Code Section 9-11-23; and provided, further, that204
damages for such violation shall be three times the actual damages sustained205
or $200.00 $600.00 per violation, whichever is greater.206
(c) Any person who violates the provisions of subsection (a) of this Code section shall be207
guilty of a misdemeanor."208
SECTION 2-2.209
Title 23 of the Official Code of Georgia Annotated, relating to equity, is amended by revising210
Code Section 23-3-41, relating to when relief is granted and costs, as follows:211
"23-3-41.212
(a) In all proceedings quia timet or proceedings to remove clouds upon titles to real estate,213
if a proper case is made, the relief sought shall be granted to any complainant irrespective214
of whether the invalidity of the instrument sought to be canceled appears upon the face of215
the instrument or whether the invalidity appears or arises solely from facts outside of the216
instrument.217
(b) In such cases the costs shall be taxed against the litigants in the discretion of the court;218
provided, however, that, in any case where it is found that the defendant fraudulently219
created the instrument that is sought to be cancelled, the complainant shall be entitled to220
recover all costs, including reasonable attorney's fees, incurred in bringing the action to221
cancel such instrument."222
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SECTION 2-3.223
Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended in Chapter 9,224
relating to injuries to real estate, by adding a new Code section to read as follows:225
"51-9-12.226
(a) In addition to any other remedy that may be available at law or in equity, the owner of227
any real property may bring an action against an individual who has knowingly filed,228
entered, or recorded, or caused to be filed, entered, or recorded, in any public record a false229
or forged deed or other instrument purporting to convey the owner's interest to such real230
property to such individual or a third party or purporting to encumber the owner's interest231
in such real property to:232
(1) Recover the owner's actual damages caused by the filing, entering, or recording of233
such false or forged deed or other instrument or $5,000.00, whichever is greater; and234
(2) Recover the owner's costs incurred in bringing such action, including reasonable235
attorney's fees.236
(b) Nothing in this Code section shall be construed as creating a cause of action against237
any public official or employee, including, without limitation, a clerk of the superior court238
or any employee or agent of a clerk of the superior court, for actions taken in the239
performance of his or her duties."240
PART III241
SECTION 3-1.242
(a) Except as provided for in subsection (b) of this section, this Act shall become effective243
upon its approval by the Governor or upon its becoming law without such approval.244
(b) Part I of this Act shall become effective on January 1, 2025.245
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SECTION 3-2.246
All laws and parts of laws in conflict with this Act are repealed.247
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