SB 90: Notaries Public; the modernization of certain legal, notarial, and court services using electronic means; provide

Georgia law already limits real estate closings to licensed attorneys, but the rules for using video calls and electronic documents have been unclear. This bill rewrites that law to spell out when a real estate closing can happen partly or entirely through electronic means, such as two-way video, electronic signatures, and electronic notary seals. It bans 'witness-only closings,' where an attorney signs off merely as a witness and notary rather than as the supervising lawyer, and requires the attorney to be licensed in Georgia, physically present in the state, and directly responsible for the whole closing. The bill also rewrites Georgia's remote online notarization rules (O.C.G.A. Title 45, Chapter 17), allowing notaries to use electronic seals and real-time video for most notarizations, but barring remote notarization of wills and of documents that convey real property except through the new attorney-supervised closing process. It creates misdemeanor and escalating felony penalties for violations, lets buyers, sellers, and borrowers sue for damages including triple damages for willful violations, and allows class action lawsuits. The changes would take effect immediately if signed by the Governor.

• Bans 'witness-only closings,' where an attorney presides over signing documents merely as a witness and notary instead of as the closing attorney.
• Allows real estate closings to be conducted using two-way video, electronic signatures, and electronic notary seals if the attorney meets strict identity-verification, recording, and record-retention rules.
• Expands the legal definition of practicing law (O.C.G.A. Section 15-19-50) to include acts in a real estate closing that constitute the practice of law, while exempting people handling their own property sale.
• Creates escalating criminal penalties, starting as a misdemeanor and becoming a felony with prison time and fines up to $5,000, for unauthorized practice of law and unlawful notarial acts.
• Lets buyers, sellers, and borrowers sue for actual damages, a minimum $1,000 per violation, and up to triple damages for willful violations, including through class action lawsuits.
• Rewrites Georgia's remote notarization rules to allow electronic seals and video notarization generally, but bans remote notarization of wills and of documents transferring real property, except within the new attorney-supervised closing process.

Real estate attorneys, notaries public, mortgage lenders and their employees and agents, technology companies that provide electronic notarization or closing platforms, and home buyers, sellers, and borrowers involved in residential or commercial real estate closings in Georgia.

Homebuyers and sellers could complete closings remotely by video instead of in person, but attorneys, notaries, and lenders would face new legal exposure, including criminal charges and lawsuits with triple damages, if closings are not properly supervised by a licensed Georgia attorney.

• Section 1-2 revises O.C.G.A. Section 15-19-50 so the definition of practicing law includes real estate closing acts, while exempting individuals selling or buying their own property.
• Section 1-3 adds Section 15-19-50.2, banning witness-only closings and requiring the supervising attorney to be Georgia-licensed, present in the state, and responsible for the entire closing, including any electronic portions.
• Section 1-3 sets detailed requirements for electronic closings, including video recording, identity verification, one closing at a time, and six-year record retention by the attorney.
• Section 1-3 makes aiding an unlawful closing a misdemeanor for the first two convictions and a felony punishable by one to five years in prison and up to a $5,000 fine on a third conviction.
• Section 1-6 rewrites O.C.G.A. Section 15-19-60 to let buyers, sellers, or borrowers sue for actual damages or $1,000 per violation, whichever is greater, plus triple damages for willful violations, and allows class actions.
• Section 2-1 rewrites O.C.G.A. Section 45-17-9 to allow remote notarization by video under specific security and identity-verification rules, but bars remote notarization of wills and real estate security documents outside the new closing process.
• Section 2-2 revises penalties in O.C.G.A. Section 45-17-20 to create the same escalating misdemeanor-to-felony structure for unlawful notarial acts.
• Section 2-3 adds Section 45-17-21, creating a parallel civil damages and class action framework for unlawful notarial acts in real estate closings.

1. 2025-02-05Senate Read and Referred (Senado)
2. 2025-02-04Senate Hopper (Senado)

• Blake Tillery (R, SD-019)Patrocinador principal
• John Albers (R, SD-056)

• real estate closings
• notaries public
• practice of law
• remote online notarization
• consumer lawsuits