Georgia CommonsHouse · Introduced · 2025-2026 Regular Session
HB 427: Property; notice to owner and deed holder when another deed is filed by another party; provide
Last action April 4, 2025 · House Withdrawn, Recommitted
A Georgia House bill would require certain deed and lien filings to go through electronic recording and would force a 45 day waiting period, with owner notification, when someone other than the property owner files a deed on their property.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest the General Assembly's website lists.
In plain language
Right now, deeds, mortgages, and liens can be recorded at the county superior court clerk's office without much delay or automatic notice to the property owner if someone else files paperwork against their property. This bill changes that. Starting January 1, 2026, deeds, liens, and plat documents presented to a superior court clerk must be filed electronically under Georgia's Uniform Real Property Electronic Recording Act. The bill also creates a new 45 day waiting period whenever someone other than the recorded owner presents a deed, mortgage, or lien for recording. The clerk must notify the owner within 15 business days, and the owner then has 45 days to file a notarized affidavit disputing the filing as unauthorized. This waiting period is waived for certain professionals, such as attorneys, title insurance agents, mortgage lenders, land surveyors, and government officials. The bill also trims some outdated clerk duties tied to paper filing and takes effect January 1, 2026.
What the bill does
- Requires deeds, liens, and plat documents filed with a superior court clerk to be submitted electronically starting January 1, 2026, under the Uniform Real Property Electronic Recording Act.
- Creates a new 45 day waiting period when someone other than the recorded property owner files a deed, mortgage, or lien against a property.
- Requires the clerk to notify the owner of record by mail or electronically within 15 business days of such a filing.
- Gives the owner 45 days to submit a notarized affidavit challenging the filing as unauthorized, without blocking other legal remedies.
- Waives the notice and waiting period for filings by attorneys, title insurance agents, licensed mortgage lenders, land surveyors, banks, government officials, and similar categories.
- Removes the requirement that clerks who accept electronic filings must also keep accepting paper filings.
Who it affects
Property owners and deed holders whose land could be targeted by fraudulent or unauthorized deed filings, superior court clerks who must build notice systems and manage the waiting period, and professionals such as attorneys, title insurance agents, mortgage lenders, banks, and land surveyors who are exempt from the delay.
Why it matters
Property owners would get an automatic heads up and a chance to object before an unauthorized deed, mortgage, or lien fully takes effect against their property, which could help catch deed fraud. Clerks would need new notification systems, and routine transactions by licensed professionals would move without added delay.
Key provisions
- Section 1 revises O.C.G.A. § 44-2-2(d) to require electronic filing of deed, lien, and plat documents presented to superior court clerks starting January 1, 2026.
- Section 2 adds new Code Section 44-2-2.1 creating the 45 day waiting period and notice requirement for deeds, mortgages, or liens filed by someone other than the owner of record.
- Section 2 requires the clerk to notify the owner within 15 business days and gives the owner 45 days to dispute the filing with a notarized affidavit.
- Section 2 lists 11 exemptions from the waiting period, including attorneys, title insurance agents, land surveyors, banks, mortgage lenders, and government officials.
- Section 2 states the clerk is held harmless in good faith for discretionary decisions related to recording under this new section.
- Section 3 revises O.C.G.A. § 44-2-38 to remove the requirement that clerks accepting electronic filings must also continue accepting paper documents.
- Section 4 sets the effective date as January 1, 2026.
From the bill
“A deed, mortgage, or lien of property presented for recordation in the office of the clerk of the superior court by a person other than the owner or deed holder of record shall be subject to a 45 day waiting period”
“The failure to act under this subsection shall not preclude any other remedy available under the law.”
Status timeline
- House Withdrawn, Recommitted (House)
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Tremaine Teddy Reese (D, HD-140)
- Gerald Greene (R, HD-154)
- Tyler Paul Smith (R, HD-18)
- Joseph Gullett (R, HD-19)
- Phil Olaleye (D, HD-59)
Topics
- deed fraud
- property records
- real estate law
- electronic filing
- superior court clerks