HB427: HB427 Property; notice to owner and deed holder when another deed is filed by another party; provide

25 LC 48 1535S The House Committee on Judiciary offers the following substitute to HB 427: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated,1 relating to recording relative to recordation and registration of deeds and other instruments,2 so as to provide for electronic recording of documents concerning or evidencing title to real3 or personal property; to provide for notices to owners when an instrument is filed; to provide4 for a 45 day waiting period prior to recordation; to provide for related matters; to provide for5 an effective date; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Article 1 of Chapter 2 of Title 44 of the Official Code of Geor gia Annotated, relating to9 recording relative to recordation and registration of deeds and other instruments, is amended10 by revising subsection (d) of Code Section 44-2-2, relating to duty of clerk to record certain11 transaction affecting real estate and personal property, priori ty of recorded instruments,12 electronic filings, effect of incorrect tax parcel identification number, and effect of recording13 on rights between parties to instruments, as follows:14 "(d) The clerk of the superior court shall offer electronic fil ing for the recording of all15 instruments listed in paragraph (1) of subsection (b) of this C ode section. On and after16 H. B. 427 (SUB) - 1 - 25 LC 48 1535S January 1, 2025 2026, any instrument or document listed in paragraph (1) of subsection (b)17 of this Code section presented to a clerk of superior court for recording by a self-filer in the18 deed, lien, or plat dockets shall be submitted using electronic filing. pursuant to Part 2 of19 this article, the 'Uniform Real Property Electronic Recording Act.'"20 SECTION 2.21 Said article is further amended by adding a new Code section to read as follows:22 "44-2-2.1.23 (a) A deed, mortgage, or lien of property presented for recordation in the office of the clerk24 of the superior court by a person other than the owner or deed holder of record shall be25 subject to a 45 day waiting period and shall be marked that suc h filing is subject to the26 provisions of this Code section. Within 15 business days of th e date when such deed,27 mortgage, or lien of property is presented for recordation in the office of the clerk of the28 superior court by a person other than the owner or deed holder of record, as indicated on29 the records of the tax assessor, the clerk of the superior court shall:30 (1) Provide the owner or deed holder of record notice by mail or electronically that a31 subsequent conveyance has been presented; and32 (2) The owner or deed holder of record has 45 days from the date of the notice provided33 for in paragraph (1) of this subsection to notify the clerk of the superior court, in writing34 by notarized affidavit sent by mail or affirmed in person, that such recordation is35 unauthorized. The failure to act under this subsection shall n ot preclude any other36 remedy available under the law.37 (b) The notice and waiting period provided for in subsection (a) of this Code section shall38 be waived if:39 (1) A person has presented a notarized affidavit as provided i n Code Section 44-2-1940 along with the instrument presented for recordation;41 H. B. 427 (SUB) - 2 - 25 LC 48 1535S (2) A person has presented a notarized power of attorney along with the instrument42 presented for recordation;43 (3) A person is an insurance agent or a representative of an i nsurance agency licensed44 to sell title insurance in this state;45 (4) A person is an attorney licensed to practice law in this state or a representative of an46 attorney licensed to practice law in this state;47 (5) A person is licensed under Chapter 40 of Title 43;48 (6) A person is an agent of a bank or credit union with federal deposit insurance or an49 affiliate thereof;50 (7) A person is an agent of a licensed or exempt mortgage lender pursuant to Article 1351 of Chapter 1 of Title 7;52 (8) A person is an agent of a servicer as such term is defined in 12 C.F.R. Section53 1024.2;54 (9) A person is a public official or employee of a federal, state, or local government or55 a department, agency, board, commission, or authority thereof p erforming his or her56 official duties;57 (10) A person is a professional land surveyor licensed under Chapter 15 of Title 43 and58 in good standing with the Georgia Professional Engineers and Land Surveyors Board; or59 (11) A person is the owner or one of the owners of the deeded property.60 (c) The clerk of the superior court shall be held harmless for good faith regarding any61 discretionary act in connection with the recordation of any instrument provided for in this62 Code section."63 SECTION 3.64 Said article is further amended by revising Code Section 44-2-38, relating to role of clerk of65 court, as follows:66 H. B. 427 (SUB) - 3 - 25 LC 48 1535S "44-2-38.67 A clerk of superior court:68 (1) Who implements any of the functions listed in this Code se ction shall do so in69 compliance with standards established by the authority;70 (2) May receive, index, store, archive, and transmit electronic documents;71 (3) May provide for access to, and search and retrieval of, documents and information72 by electronic means;73 (4) Who accepts electronic documents for recording shall continue to accept for filing74 paper documents as authorized by state law and shall record both electronic documents75 and paper documents in the same manner as provided for by law;76 (5)(4) For archival purposes, may convert into electronic form paper documents accepted77 for recording;78 (6)(5) May convert into electronic form historical documents recorded on paper;79 (7)(6) May accept electronically any fee or other moneys that the clerk of superior court80 is authorized to collect; and81 (8)(7) May agree with other officials of a state or a political subdivision thereof, or of the82 United States, on procedures or processes to electronically facilitate satisfaction of prior83 approvals and conditions precedent to recording and on the elec tronic payment of84 statutorily required fees and other moneys."85 SECTION 4.86 This Act shall become effective on January 1, 2026.87 SECTION 5.88 All laws and parts of laws in conflict with this Act are repealed.89 H. B. 427 (SUB) - 4 -