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Official Code of Georgia Annotated

Title 51. TORTS · Chapter 9. INJURIES TO REAL ESTATE

51-9-12. Civil cause of action for the recording of fraudulent or forged deeds or other instruments.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    In addition to any other remedy that may be available at law or in equity, the owner of any real property may bring an action against an individual who has knowingly filed, entered, or recorded, or caused to be filed, entered, or recorded, in any public record a false or forged deed or other instrument purporting to convey the owner’s interest to such real property to such individual or a third party or purporting to encumber the owner’s interest in such real property to:#

    1. (1)

      Recover the owner’s actual damages caused by the filing, entering, or recording of such false or forged deed or other instrument or $5,000.00, whichever is greater; and#

    2. (2)

      Recover the owner’s costs incurred in bringing such action, including reasonable attorney’s fees.#

  2. (b)

    Nothing in this Code section shall be construed as creating a cause of action against any public official or employee, including, without limitation, a clerk of the superior court or any employee or agent of a clerk of the superior court, for actions taken in the performance of his or her duties.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 51-9-12, enacted by Ga. L. 2024, p. 553, § 2-3/HB 1292, effective May 2, 2024.

Effective date

This Code section became effective May 2, 2024.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t51-(v39)-pdf.pdf, Volume V39, 2017 edition, 2025 supplement, page 77; merge action: added; file SHA-256 9104a04c683d.