SB90: SB90 Notaries Public; the modernization of certain legal, notarial, and court services using electronic means; provide

Georgia law currently requires an attorney to be involved in real estate closings, based on Supreme Court advisory opinions rather than statute. This bill would write those rules into Georgia law and update them for electronic transactions. It defines a 'witness-only closing,' where an attorney merely witnesses signatures instead of practicing law, and makes that practice illegal. It sets detailed requirements for attorneys who conduct closings using video technology, including verifying identities, recording the session, and keeping records for six years. The bill also allows notaries to notarize documents remotely using secure two-way video, with restrictions such as barring remote notarization of wills or of documents transferring real estate (except within the new electronic closing process). It creates criminal penalties for violations, escalating to felony charges after repeated offenses, and gives buyers, sellers, and borrowers the right to sue for damages, including class actions, if someone violates these rules. The law would take effect as soon as the Governor signs it.

• Bans 'witness-only closings,' where an attorney presides over a real estate closing merely as a witness and notary instead of as a practicing attorney.
• Allows licensed Georgia attorneys to conduct real estate closings using two-way audio-video technology if they verify identities, record the session, and retain records for at least six years.
• Lets notaries public perform remote notarizations using secure video technology and an electronic seal, but bars remote notarization of wills and most real estate transfer documents.
• Creates escalating criminal penalties, misdemeanor for first and second offenses and felony (1-5 years in prison, up to $5,000 fine) for a third or later offense, for illegal closings or notarial acts.
• Gives buyers, sellers, and borrowers harmed by unauthorized practice of law or illegal notarial acts the right to sue for actual damages, at least $1,000 per violation, triple damages for willful violations, and to bring class actions.
• Expands who can seek injunctions against the unauthorized practice of law by removing the Attorney General and district attorneys and adding the Judicial Council of Georgia as authorized parties.

Georgia attorneys who handle real estate closings, notaries public, technology companies that provide electronic closing or notarization platforms, mortgage lenders and their employees and agents, and any buyer, seller, or borrower involved in a residential or commercial real estate transaction in Georgia.

Homebuyers and sellers could complete closings remotely by video instead of in person, which could speed up transactions, while facing new legal protections if something goes wrong. Attorneys, notaries, and lenders would face stricter rules and real financial and criminal risk for cutting corners on closings.

• Section 1-2 rewrites the definition of 'practice of law' (O.C.G.A. § 15-19-50) to explicitly include real estate closing acts and property conveyancing.
• Section 1-3 adds new definitions, including 'witness-only closing,' and Code Section 15-19-50.2, which bans witness-only closings and sets detailed rules attorneys must follow for electronic closings, including audio-video recording and identity verification.
• Section 1-3 sets criminal penalties for aiding unlawful closings: misdemeanor for a first or second offense, felony (1-5 years, up to $5,000 fine) for a third or later offense.
• Section 1-6 rewrites Code Section 15-19-60 to let harmed buyers, sellers, or borrowers sue for actual damages or $1,000 per violation (whichever is greater), triple damages for willful violations, and to bring class actions.
• Section 2-1 rewrites Code Section 45-17-9 to allow remote notarizations using secure two-way video, while barring remote notarization of wills and most real estate transfer documents.
• Section 2-3 adds Code Section 45-17-21, creating similar civil liability, damages, and class action rights specifically for unlawful notarial acts in real estate closings.
• Section 3-1 makes the law effective immediately upon the Governor's signature or upon becoming law without signature.

1. 2025-02-05Senate Read and Referred (Senate)
2. 2025-02-04Senate Hopper (Senate)

• Blake Tillery (R, SD-019)Primary sponsor
• John Albers (R, SD-056)

• real estate closings
• notaries public
• unauthorized practice of law
• electronic notarization
• property law