| 19 | 7 | | and public officers and employees, respectively, so as to require that real estate documents2 |
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| 20 | 8 | | presented by self-filers be recorded using electronic filing; to require the promulgation of3 |
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| 21 | 9 | | rules and regulations by the Georgia Superior Court Clerks' Cooperative Authority to ensure4 |
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| 22 | 10 | | that persons presenting electronic documents for recording provide identifying information;5 |
|---|
| 23 | 11 | | to require that notaries public keep a journal of each notarial act performed for a self-filer;6 |
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| 24 | 12 | | to provide for education and training requirements of notaries public; to provide for the7 |
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| 25 | 13 | | promulgation of rules and regulations; to amend Titles 10, 23, and 51 of the Official Code8 |
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| 26 | 14 | | of Georgia Annotated, relating to commerce and trade, equity, and torts, respectively, so as9 |
|---|
| 27 | 15 | | to provide protections concerning real estate transactions; to require certain notices be10 |
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| 28 | 16 | | included in certain solicitations regarding the purchase of real property; to provide penalties;11 |
|---|
| 29 | 17 | | to provide remedies for fraudulently recorded deeds or other instruments; to provide for the12 |
|---|
| 30 | 18 | | recovery of costs and attorney's fees in certain quiet title actions; to provide for a civil cause13 |
|---|
| 31 | 19 | | of action for the recording of fraudulent or forged deeds or other instruments; to provide for14 |
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| 32 | 20 | | related matters; to provide for effective dates; to repeal conflicting laws; and for other15 |
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| 33 | 21 | | purposes.16 |
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| 34 | 22 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 |
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| 39 | 25 | | SECTION 1-1.19 |
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| 40 | 26 | | Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by20 |
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| 41 | 27 | | revising Code Section 44-2-2, relating to the duty of clerk to record certain transaction21 |
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| 42 | 28 | | affecting real estate and personal property, priority of recorded instruments, electronic22 |
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| 43 | 29 | | filings, effect of incorrect tax parcel identification number, and effect of recording on rights23 |
|---|
| 44 | 30 | | between parties to instruments, as follows:24 |
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| 45 | 31 | | "44-2-2.25 |
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| 48 | 33 | | an instrument listed in paragraph (1) of subsection (b) of this Code section who is not:27 |
|---|
| 49 | 34 | | (1) An insurance agent or a representative of an insurance agency licensed to sell title28 |
|---|
| 50 | 35 | | insurance in this state;29 |
|---|
| 51 | 36 | | (2) An attorney licensed to practice law in this state or a representative of an attorney30 |
|---|
| 52 | 37 | | licensed to practice law in this state;31 |
|---|
| 53 | 38 | | (3) Licensed under Chapter 40 of Title 43;32 |
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| 54 | 39 | | (4) An agent of a bank or credit union with federal deposit insurance or an affiliate33 |
|---|
| 55 | 40 | | thereof;34 |
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| 56 | 41 | | (5) An agent of a licensed or exempt mortgage lender pursuant to Article 13 of Chapter 135 |
|---|
| 57 | 42 | | of Title 7;36 |
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| 58 | 43 | | (6) An agent of a servicer as such term is defined in 12 C.F.R. Section 1024.2;37 |
|---|
| 59 | 44 | | (7) A public official or employee of a federal, state, or local government or a department,38 |
|---|
| 60 | 45 | | agency, board, commission, or authority thereof performing their official duties; or39 |
|---|
| 61 | 46 | | (8) A professional land surveyor licensed under Chapter 15 of Title 43 and in good40 |
|---|
| 62 | 47 | | standing with the Georgia Professional Engineers and Land Surveyors Board.41 |
|---|
| 63 | 48 | | (a)(b)(1) The clerk of the superior court shall file, index on a computer program designed42 |
|---|
| 64 | 49 | | for such purpose, and permanently record, in the manner provided constructively in Code43 |
|---|
| 69 | 52 | | encumbering, or affecting real estate and personal property:45 |
|---|
| 70 | 53 | | (A) Deeds;46 |
|---|
| 71 | 54 | | (B) Mortgages;47 |
|---|
| 72 | 55 | | (C) Liens as provided for by law;48 |
|---|
| 73 | 56 | | (D) Maps or plats relating to real estate in the county; and49 |
|---|
| 74 | 57 | | (E) State tax executions and state tax execution renewals as provided for in Article 250 |
|---|
| 75 | 58 | | of Chapter 3 of Title 48.51 |
|---|
| 76 | 59 | | (2) As used in this subsection, the term 'liens' shall have the same meaning as described52 |
|---|
| 77 | 60 | | in Code Sections 15-19-14, 44-14-320, and 44-14-602 and shall include all liens provided53 |
|---|
| 78 | 61 | | by state or federal statute.54 |
|---|
| 79 | 62 | | (3) When indexing liens, the clerk shall index the names of parties in the manner55 |
|---|
| 80 | 63 | | provided by such rules and regulations adopted by the Georgia Superior Court Clerks'56 |
|---|
| 81 | 64 | | Cooperative Authority pursuant to the provisions of Code Section 15-6-61 as authorized57 |
|---|
| 82 | 65 | | by Code Section 15-6-97.58 |
|---|
| 83 | 66 | | (4) When indexing maps or plats relating to real estate in the county, the clerk of the59 |
|---|
| 84 | 67 | | superior court shall index the names or titles provided in the caption of the plat.60 |
|---|
| 87 | 69 | | in the office of the clerk of the superior court and which are against the interests of third62 |
|---|
| 88 | 70 | | parties who have acquired a transfer or lien binding the same property and who are acting63 |
|---|
| 89 | 71 | | in good faith and without notice shall take effect only from the time they are filed for64 |
|---|
| 90 | 72 | | record in the clerk's office.65 |
|---|
| 91 | 73 | | (c)(d)(1) The clerk of the superior court shall offer electronic filing for the recording of66 |
|---|
| 92 | 74 | | all instruments listed in paragraph (1) of subsection (a)(b) of this Code section. On and67 |
|---|
| 93 | 75 | | after January 1, 2025, any instrument listed in paragraph (1) of subsection (b) of this68 |
|---|
| 94 | 76 | | Code section presented to a clerk of superior court for recording by a self-filer shall be69 |
|---|
| 95 | 77 | | submitted using electronic filing.70 |
|---|
| 98 | 79 | | (d)(e) The clerk of the superior court shall make available a public computer terminal71 |
|---|
| 99 | 80 | | which provides a filer with access to the Georgia Superior Court Clerks' Cooperative72 |
|---|
| 100 | 81 | | Authority's electronic filing portal.73 |
|---|
| 101 | 82 | | (e)(f) The presence of an incorrect tax parcel identification number, or the absence of a tax74 |
|---|
| 102 | 83 | | parcel identification number, on a recorded instrument shall not:75 |
|---|
| 103 | 84 | | (1) Void or render voidable such instrument;76 |
|---|
| 104 | 85 | | (2) Affect the validity, enforceability, or priority of such instrument; or77 |
|---|
| 105 | 86 | | (3) Affect any notice, constructive or otherwise, provided by the recordation of such78 |
|---|
| 106 | 87 | | instrument.79 |
|---|
| 107 | 88 | | (f)(g) Nothing in this Code section shall be construed to affect the validity, enforceability,80 |
|---|
| 108 | 89 | | or priority of any deed, mortgage, judgment, or lien of any kind between the parties81 |
|---|
| 109 | 90 | | thereto."82 |
|---|
| 110 | 91 | | SECTION 1-2.83 |
|---|
| 111 | 92 | | Said title is further amended by revising Code Section 44-2-39, relating to the adoption of84 |
|---|
| 112 | 93 | | rules and regulations and standardization, as follows:85 |
|---|
| 113 | 94 | | "44-2-39.86 |
|---|
| 114 | 95 | | (a) The authority shall adopt rules and regulations and any standardized forms necessary87 |
|---|
| 115 | 96 | | to implement this part.88 |
|---|
| 116 | 97 | | (b)(1) The rules and regulations adopted by the authority pursuant to this Code section89 |
|---|
| 117 | 98 | | shall include any rules and regulations necessary to ensure that any individual wanting90 |
|---|
| 118 | 99 | | to submit electronic documents for recording, regardless of whether such individual is91 |
|---|
| 119 | 100 | | acting on his or her own behalf or on behalf of another person and prior to such92 |
|---|
| 120 | 101 | | individual submitting to a clerk of the superior court any electronic documents for93 |
|---|
| 121 | 102 | | recording, provide through the authority's electronic filing portal information sufficient94 |
|---|
| 122 | 103 | | to identify such individual. Such information may include, without limitation, a copy of95 |
|---|
| 125 | 105 | | the individual's driver's license, passport, military identification card, or personal96 |
|---|
| 126 | 106 | | identification card authorized under Code Sections 40-5-100 through 40-5-104.97 |
|---|
| 127 | 107 | | (2) Any information required to be provided by an individual pursuant to the rules and98 |
|---|
| 128 | 108 | | regulations adopted by the authority pursuant to paragraph (1) of this subsection shall be99 |
|---|
| 129 | 109 | | retained by the authority, shall not be subject to Article 4 of Chapter 18 of Title 50, and100 |
|---|
| 130 | 110 | | shall be treated as confidential and released only:101 |
|---|
| 131 | 111 | | (A) To peace officers in the course of investigating potential crimes;102 |
|---|
| 132 | 112 | | (B) In response to a subpoena, discovery request, or court order;103 |
|---|
| 133 | 113 | | (C) To an individual who holds a recorded interest in real property that was the subject104 |
|---|
| 134 | 114 | | of an electronic document that was submitted for recording by the individual who105 |
|---|
| 135 | 115 | | provided such information; or106 |
|---|
| 136 | 116 | | (D) To an individual who is named as a party in an electronic document that was107 |
|---|
| 137 | 117 | | submitted for recording by the individual who provided such information.108 |
|---|
| 138 | 118 | | (c) To promote uniform standards and practices and compatibility of technology used109 |
|---|
| 139 | 119 | | within offices of clerks of superior court in this state and recording offices in other states110 |
|---|
| 140 | 120 | | that have enacted or may enact provisions substantially similar to those contained within111 |
|---|
| 141 | 121 | | this part, the authority shall consider when adopting, amending, and repealing its rules and112 |
|---|
| 142 | 122 | | regulations and any standardized forms:113 |
|---|
| 143 | 123 | | (1) Standards and practices of other jurisdictions;114 |
|---|
| 144 | 124 | | (2) The most recent standards promulgated by national standard-setting bodies, such as115 |
|---|
| 145 | 125 | | the Property Records Industry Association;116 |
|---|
| 146 | 126 | | (3) The views of interested persons and governmental officials and entities;117 |
|---|
| 147 | 127 | | (4) The needs of counties of varying size, population, and resources; and118 |
|---|
| 148 | 128 | | (5) Standards that ensure that electronic documents are accurate, authentic, adequately119 |
|---|
| 149 | 129 | | preserved, and resistant to tampering."120 |
|---|
| 154 | 132 | | Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees,122 |
|---|
| 155 | 133 | | is amended by revising Code Section 45-17-8, relating to powers and duties generally of123 |
|---|
| 156 | 134 | | notaries public, as follows:124 |
|---|
| 157 | 135 | | "45-17-8.125 |
|---|
| 158 | 136 | | (a) Notaries public shall have authority to:126 |
|---|
| 159 | 137 | | (1) Witness or attest signature or execution of deeds and other written instruments;127 |
|---|
| 160 | 138 | | (2) Take acknowledgments;128 |
|---|
| 161 | 139 | | (3) Administer oaths and affirmations in all matters incidental to their duties as129 |
|---|
| 162 | 140 | | commercial officers and all other oaths and affirmations which are not by law required130 |
|---|
| 163 | 141 | | to be administered by a particular officer;131 |
|---|
| 164 | 142 | | (4) Witness affidavits upon oath or affirmation;132 |
|---|
| 165 | 143 | | (5) Take verifications upon oath or affirmation;133 |
|---|
| 166 | 144 | | (6) Make certified copies, provided that the document presented for copying is an134 |
|---|
| 169 | 146 | | certified copies of which are available from an official source other than a notary, and136 |
|---|
| 170 | 147 | | provided that the document was photocopied under supervision of the notary; and137 |
|---|
| 171 | 148 | | (7) Perform such other acts as they are authorized to perform by other laws of this state.138 |
|---|
| 172 | 149 | | (b) No notary shall be obligated to perform a notarial act if he or she feels such act is:139 |
|---|
| 173 | 150 | | (1) For a transaction which the notary knows or suspects is illegal, false, or deceptive;140 |
|---|
| 174 | 151 | | (2) For a person who is being coerced;141 |
|---|
| 175 | 152 | | (3) For a person whose demeanor causes compelling doubts about whether the person142 |
|---|
| 176 | 153 | | knows the consequences of the transaction requiring the notarial act; or143 |
|---|
| 177 | 154 | | (4) In situations which impugn and compromise the notary's impartiality, as specified in144 |
|---|
| 178 | 155 | | subsection (c) of this Code section.145 |
|---|
| 179 | 156 | | (c) A notary shall be disqualified from performing a notarial act in the following situations146 |
|---|
| 180 | 157 | | which impugn and compromise the notary's impartiality:147 |
|---|
| 192 | 166 | | evidence. Such satisfactory evidence shall include, but not be limited to, by verification155 |
|---|
| 193 | 167 | | of a government issued photo identification document, including without limitation a valid156 |
|---|
| 194 | 168 | | driver's license, personal identification card authorized under Code Sections 40-5-100157 |
|---|
| 195 | 169 | | through 40-5-104, or a military identification card such as a Veterans Health Identification158 |
|---|
| 196 | 170 | | Card issued by the United States Department of Veterans Affairs, or based on personal159 |
|---|
| 197 | 171 | | knowledge.160 |
|---|
| 198 | 172 | | (f) The signature of a notary public documenting a notarial act shall not be evidence to161 |
|---|
| 199 | 173 | | show that such notary public had knowledge of the contents of the document so signed,162 |
|---|
| 200 | 174 | | other than those specific contents which constitute the signature, execution,163 |
|---|
| 201 | 175 | | acknowledgment, oath, affirmation, affidavit, verification, or other act which the signature164 |
|---|
| 202 | 176 | | of that notary public documents, nor is a certification by a notary public that a document165 |
|---|
| 203 | 177 | | is a certified or true copy of an original document evidence to show that such notary public166 |
|---|
| 204 | 178 | | had knowledge of the contents of the document so certified.167 |
|---|
| 205 | 179 | | (g)(1) As used in this subsection, the term 'self-filer' shall have the same meaning as168 |
|---|
| 206 | 180 | | provided in Code Section 44-2-2.169 |
|---|
| 207 | 181 | | (2) A notary public shall maintain a written or electronic journal which shall include an170 |
|---|
| 208 | 182 | | entry for each notarial act performed at the request of a self-filer. Each such entry shall171 |
|---|
| 209 | 183 | | include the name of the self-filer; the self-filer's address; the self-filer's telephone172 |
|---|
| 210 | 184 | | number; the date, time, and location of notarization; the type of government issued photo173 |
|---|
| 211 | 185 | | identification document presented by the self-filer, unless the identity of the self-filer was174 |
|---|
| 214 | 187 | | confirmed based on personal knowledge; elements of such identification document, if175 |
|---|
| 215 | 188 | | applicable, including any identifying number; the self-filer's signature; and the type of176 |
|---|
| 216 | 189 | | document presented for notarization.177 |
|---|
| 217 | 190 | | (h)(1) A notary public shall complete an educational training class relating to the duties178 |
|---|
| 218 | 191 | | of notaries public as provided for in this chapter. Such training shall be completed prior179 |
|---|
| 219 | 192 | | to the initial appointment and within 30 days prior to each subsequent renewal180 |
|---|
| 220 | 193 | | appointment.181 |
|---|
| 221 | 194 | | (2) The Georgia Superior Court Clerks' Cooperative Authority may adopt rules and182 |
|---|
| 222 | 195 | | regulations necessary to implement the provisions of this subsection."183 |
|---|
| 223 | 196 | | PART II184 |
|---|
| 224 | 197 | | SECTION 2-1.185 |
|---|
| 225 | 198 | | Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is186 |
|---|
| 226 | 199 | | amended in Code Section 10-1-393.19, relating to unsolicited inquiries, by adding a new187 |
|---|
| 227 | 200 | | subparagraph to paragraph (1) of subsection (a), revising subsection (b), and adding a new188 |
|---|
| 228 | 201 | | subsection to read as follows:189 |
|---|
| 229 | 202 | | "(A.1)(i) If the solicitation includes a monetary offer, following the text required in190 |
|---|
| 230 | 203 | | subparagraph (A) of this paragraph, the following notice in capital letters:191 |
|---|
| 231 | 204 | | 'THIS OFFER MAY OR MAY NOT BE THE FAIR MARKET VALUE192 |
|---|
| 232 | 205 | | OF THE PROPERTY.'193 |
|---|
| 233 | 206 | | (ii) If the solicitation includes a monetary offer less than the value of the previous194 |
|---|
| 234 | 207 | | year's assessed value for ad valorem taxation by the county tax assessor for the county195 |
|---|
| 235 | 208 | | in which the property is located, following the text required in subdivision (i) of this196 |
|---|
| 236 | 209 | | subparagraph, the following notice in capital letters:197 |
|---|
| 237 | 210 | | 'THIS OFFER IS LESS THAN THE COUNTY ASSESSED VALUE FOR198 |
|---|
| 238 | 211 | | THIS PROPERTY.'"199 |
|---|
| 249 | 219 | | or $200.00 $600.00 per violation, whichever is greater.206 |
|---|
| 250 | 220 | | (c) Any person who violates the provisions of subsection (a) of this Code section shall be207 |
|---|
| 251 | 221 | | guilty of a misdemeanor."208 |
|---|
| 252 | 222 | | SECTION 2-2.209 |
|---|
| 253 | 223 | | Title 23 of the Official Code of Georgia Annotated, relating to equity, is amended by revising210 |
|---|
| 254 | 224 | | Code Section 23-3-41, relating to when relief is granted and costs, as follows:211 |
|---|
| 255 | 225 | | "23-3-41.212 |
|---|
| 256 | 226 | | (a) In all proceedings quia timet or proceedings to remove clouds upon titles to real estate,213 |
|---|
| 257 | 227 | | if a proper case is made, the relief sought shall be granted to any complainant irrespective214 |
|---|
| 258 | 228 | | of whether the invalidity of the instrument sought to be canceled appears upon the face of215 |
|---|
| 259 | 229 | | the instrument or whether the invalidity appears or arises solely from facts outside of the216 |
|---|
| 260 | 230 | | instrument.217 |
|---|
| 261 | 231 | | (b) In such cases the costs shall be taxed against the litigants in the discretion of the court;218 |
|---|
| 262 | 232 | | provided, however, that, in any case where it is found that the defendant fraudulently219 |
|---|
| 263 | 233 | | created the instrument that is sought to be cancelled, the complainant shall be entitled to220 |
|---|
| 264 | 234 | | recover all costs, including reasonable attorney's fees, incurred in bringing the action to221 |
|---|
| 265 | 235 | | cancel such instrument."222 |
|---|
| 274 | 241 | | (a) In addition to any other remedy that may be available at law or in equity, the owner of227 |
|---|
| 275 | 242 | | any real property may bring an action against an individual who has knowingly filed,228 |
|---|
| 276 | 243 | | entered, or recorded, or caused to be filed, entered, or recorded, in any public record a false229 |
|---|
| 277 | 244 | | or forged deed or other instrument purporting to convey the owner's interest to such real230 |
|---|
| 278 | 245 | | property to such individual or a third party or purporting to encumber the owner's interest231 |
|---|
| 279 | 246 | | in such real property to:232 |
|---|
| 280 | 247 | | (1) Recover the owner's actual damages caused by the filing, entering, or recording of233 |
|---|
| 281 | 248 | | such false or forged deed or other instrument or $5,000.00, whichever is greater; and234 |
|---|
| 282 | 249 | | (2) Recover the owner's costs incurred in bringing such action, including reasonable235 |
|---|
| 283 | 250 | | attorney's fees.236 |
|---|
| 284 | 251 | | (b) Nothing in this Code section shall be construed as creating a cause of action against237 |
|---|
| 285 | 252 | | any public official or employee, including, without limitation, a clerk of the superior court238 |
|---|
| 286 | 253 | | or any employee or agent of a clerk of the superior court, for actions taken in the239 |
|---|
| 287 | 254 | | performance of his or her duties."240 |
|---|
| 288 | 255 | | PART III241 |
|---|
| 289 | 256 | | SECTION 3-1.242 |
|---|
| 290 | 257 | | (a) Except as provided for in subsection (b) of this section, this Act shall become effective243 |
|---|
| 291 | 258 | | upon its approval by the Governor or upon its becoming law without such approval.244 |
|---|
| 292 | 259 | | (b) Part I of this Act shall become effective on January 1, 2025.245 |
|---|