Georgia House Bill HB888

Georgia 2023-2024 Regular Session

• Introduced: 1/9/24

Caption

Property; clerks of superior courts to require identification for recording of deeds; authorize

Impact

The enactment of HB888 will significantly alter existing statutes within Georgia's property law framework. By instituting identification requirements, the bill introduces a layer of protection against potential fraud in recording property documents. The officials will maintain records of the identification used for recording, although these records will not be publicly viewable online to ensure some privacy. This change is anticipated to foster trust in the property transaction process, as the verification of identities can help prevent unauthorized or malicious claims to property ownership.

Summary

House Bill 888, known as the 'Georgia Not on My Deed Act', seeks to amend the regulations surrounding the recording of deeds and other real property transactions in Georgia. The bill authorizes clerks of superior courts to require individuals presenting deeds or other property instruments to provide a government-issued photographic identification card. This major shift aims to enhance the security and integrity of property records by reducing the risk of fraudulent transactions. The requirement would obligate clerks to refuse recording deeds if proper identification is not presented, thus necessitating compliance from all parties involved in real estate transactions.

Contention

While some proponents of the bill view these measures as necessary for combatting property fraud, concerns may arise about the implications for access to public records and the burden placed on individuals who may find acquiring such identification challenging. Critics might argue that the additional requirement could create barriers to property transactions, particularly for individuals lacking easily accessible forms of identification. The balance between enhancing security in property transactions and ensuring accessibility for the public will likely be a focal point of debate as the bill moves forward.