---
title: HB 427. Property; notice to owner and deed holder when another deed is filed by another party; provide
collection: bills
id: 2025-2026/hb427
cite_as: HB 427, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb427
md_url: https://georgiacommons.org/bills/2025-2026/hb427.md
text_url: https://georgiacommons.org/bills/2025-2026/hb427/text
source_url: https://www.legis.ga.gov/legislation/70276
date: 2025-04-04
status: introduced
corpus_version: bills-2026-08-28
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/hb426.md
next: https://georgiacommons.org/bills/2025-2026/hb428.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 249
omitted_url: https://georgiacommons.org/bills/2025-2026/hb427.md?full=1
bill_number: HB 427
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-02-12
last_action: House Withdrawn, Recommitted
sponsors:
  - Teddy Reese
  - Gerald Greene
  - Tyler Smith
  - Joseph Gullett
  - Phil Olaleye
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB427/2025
upstream_id: 1968127
summaries_model: claude-sonnet-5
topic_tags:
  - property deed fraud
  - real estate recording
  - title fraud protection
  - county clerk procedures
  - electronic filing
---

# HB 427. Property; notice to owner and deed holder when another deed is filed by another party; provide

## Text

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 -

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

HB 427 would require Georgia county clerks to notify property owners by mail or electronically whenever someone else files a deed, mortgage, or lien on their property, and to hold most such filings for 45 days before recording.

### Plain-language summary

Currently, a deed, mortgage, or lien can be recorded with a county superior court clerk without the property's owner being notified, which has raised concerns about fraudulent property transfers. HB 427 addresses this by adding a new Georgia law (O.C.G.A. § 44-2-2.1) requiring clerks to notify the owner or deed holder of record within 15 business days whenever someone other than the owner files such a document, and to hold the filing for 45 days unless the owner formally objects in a notarized affidavit.

The waiting period would not apply to filings by attorneys, title insurance agents, banks, mortgage lenders, government officials, licensed land surveyors, or the owner personally, among other exceptions. The bill also updates the state's electronic deed-filing rules, pushing back a self-filer electronic filing requirement from January 1, 2025 to January 1, 2026, and makes small edits to clerks' duties around electronic and paper recordkeeping. The law would take effect January 1, 2026.

### What it does

- Creates a new 45 day waiting period before a superior court clerk records a deed, mortgage, or lien filed by someone other than the property's owner or deed holder of record.
- Requires the clerk to notify the owner or deed holder of record by mail or electronically within 15 business days when such a filing is made.
- Lets the owner stop the recording by submitting a notarized affidavit within 45 days of the notice, though other legal remedies remain available if they miss that window.
- Exempts filings by attorneys, title insurance agents, banks, credit unions, mortgage lenders, government officials, land surveyors, and the property owner from the notice and waiting period.
- Shields clerks of superior court from liability for good faith discretionary decisions in handling these filings.
- Delays the state's mandatory electronic self-filing requirement for deed, lien, and plat recordings from January 1, 2025 to January 1, 2026.

### Who it affects

Property owners and deed holders across Georgia, clerks of superior court who process real estate filings, and professionals who regularly file deeds, mortgages, or liens on others' behalf, including attorneys, title insurance agents, banks, credit unions, mortgage lenders, land surveyors, and government officials.

### Why it matters

If someone other than the true owner tries to file a deed or lien on a property, often a sign of fraud, the owner would now get a notice and a 45 day window to object before the filing becomes final, giving them a chance to catch and stop unauthorized transfers before they take effect.

### Key provisions

- Section 1 revises O.C.G.A. § 44-2-2 to push the mandatory electronic self-filing deadline for deed, lien, and plat documents from January 1, 2025 to January 1, 2026.
- Section 2 adds new Code Section 44-2-2.1, creating the 45 day waiting period and owner notification requirement for third-party filings on real property.
- Section 2 lists 11 exemptions from the notice and waiting period, including filings by attorneys, insurance agents, banks, mortgage lenders, government officials, land surveyors, and owners themselves.
- Section 2 grants clerks of superior court immunity for good faith discretionary acts related to these filings.
- Section 3 revises O.C.G.A. § 44-2-38 to update clerks' authority over electronic document handling, removing a prior requirement that clerks accepting electronic filings must also continue accepting paper documents.
- Section 4 sets the effective date as January 1, 2026.
- Section 5 repeals conflicting laws.

## Status

- Status: Introduced (2025-02-12)
- Last action: House Withdrawn, Recommitted (2025-04-04)
- Sponsors: Teddy Reese, Gerald Greene, Tyler Smith, Joseph Gullett, Phil Olaleye
- Official page: https://www.legis.ga.gov/legislation/70276

> The history, votes, and amendments (249 characters) are at https://georgiacommons.org/bills/2025-2026/hb427.md?full=1