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

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 The bill also trims some outdated clerk duties tied to paper filing and takes effect January 1, 2026.

• 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.

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.

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.

• 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.

1. 2025-04-04House Withdrawn, Recommitted (Cámara de Representantes)
2. 2025-02-26House Committee Favorably Reported By Substitute (Cámara de Representantes)
3. 2025-02-18House Second Readers (Cámara de Representantes)
4. 2025-02-13House First Readers (Cámara de Representantes)
5. 2025-02-12House Hopper (Cámara de Representantes)

• Teddy Reese (D, HD-140)Patrocinador principal
• Gerald Greene (R, HD-154)
• Tyler Smith (R, HD-018)
• Joseph Gullett (R, HD-019)
• Phil Olaleye (D, HD-059)

• deed fraud
• property records
• real estate law
• electronic filing
• superior court clerks