HB1497: HB1497 Georgia Home Title Protection and Deed Fraud Prevention Act; enact

26 LC 44 3506 House Bill 1497 By: Representatives Santos of the 117th, Tran of the 80th, Frye of the 122nd, and Washburn of the 144th A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 1 of Chapter 2 of Title 44 of the Of ficial Code of Georgia1 Annotated, relating to recording of deeds and other real proper ty transactions, so as to2 provide for a statement form regarding the effect of quitclaim deeds; to provide for a short3 title; to provide for related matters; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 This Act shall be known and may be cited as the "Georgia Home Title Protection and Deed7 Fraud Prevention Act."8 SECTION 2.9 Part 1 of Article 1 of Chapter 2 of Title 44 of the Official Co de of Georgia Annotated,10 relating to recording of deeds and other real property transactions, is amended by revising11 Code Section 44-2-14, relating to requirements for recordation, as follows:12 "44-2-14.13 (a) Except for documents electronically filed as provided for in Chapter 12 of Title 10, and14 in other Code sections in this part, before any deed to realty or personalty or any mortgage,15 H. B. 1497 - 1 - 26 LC 44 3506 bond for title, or other recordable instrument executed in this state may be recorded, it shall16 be an original instrument and shall be attested or acknowledged as provided by law. 17 However, nothing in this Code section shall dispense with anoth er witness where an18 additional witness is required. This Code section shall not apply to transactions covered19 by Article 9 of Title 11.20 (b) No affidavit prepared under Code Section 44-2-20 and no instrument by which the title21 to real property or any interest therein is conveyed, created, assigned, encumbered,22 disposed of, or otherwise affected shall be entitled to recorda tion unless the name and23 mailing address of the natural person to whom the affidavit or instrument is to be returned24 is legibly printed, typewritten, or stamped upon such affidavit or instrument at the top of25 the first page thereof.26 (c) If an instrument or affidavit is titled or recorded withou t compliance with27 subsection (b) of this Code section, such noncompliance does shall not alone impair the28 validity of the filing of recordation or of the constructive no tice imparted by filing or29 recordation.30 (d) Subsection (b) of this Code section does not apply to the following:31 (1) An affidavit or instrument executed before July 1, 1994;32 (2) A decree, order, judgment, or writ of any court;33 (3) A will; or34 (4) Any plat.35 (e) Any instrument that conveys an ownership interest in real property without any36 warranty as to the owner's title to the property, including a quitclaim deed, shall at the top37 of the first page of the instrument contain a statement in bold face capital letters in38 substantially the following form:39 'THIS DOCUMENT TRANSFERS OWNERSHIP OF THE REAL PROPERTY40 DESCRIBED HEREIN AND THE GRANTOR SHALL NO LONGER HOLD ANY41 OWNERSHIP INTEREST IN SUCH PROPERTY, EXCEPT AS MAY BE42 H. B. 1497 - 2 - 26 LC 44 3506 OTHERWISE PROVIDED FOR HEREIN, AFTER THIS DOCUMENT IS PROPERLY43 EXECUTED AND RECORDED IN THE REAL ESTATE RECORDS OF THE CLERK44 OF SUPERIOR COURT OF THE APPROPRIATE COUNTY.'"45 SECTION 3.46 All laws and parts of laws in conflict with this Act are repealed.47 H. B. 1497 - 3 -