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Bill > HB427


GA HB427

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


summary

Introduced
02/12/2025
In Committee
02/26/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT To amend Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recording relative to recordation and registration of deeds and other instruments, so as to provide for electronic recording of documents concerning or evidencing title to real or personal property; to provide for notices to owners when an instrument is filed; to provide for a 45 day waiting period prior to recordation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

AI Summary

This bill amends Georgia's property recording laws to introduce new procedures for filing and recording property-related documents. Starting January 1, 2026, all instruments must be submitted electronically through the superior court's clerk's office. The bill requires that when a deed, mortgage, or lien is filed by someone other than the current property owner or deed holder, there will be a mandatory 45-day waiting period. During this period, the clerk must notify the current owner by mail or electronically within 15 business days of the filing, giving the owner an opportunity to contest the recordation. However, this waiting period is waived for several specific categories of filers, including attorneys, insurance agents, licensed professionals, government officials, bank representatives, and the property owners themselves. The bill also expands the clerk's electronic capabilities, allowing them to receive, index, store, archive, and transmit electronic documents, convert paper documents to electronic format, and accept electronic fees. Additionally, the legislation provides that the clerk will be held harmless for good faith actions related to document recordation. These changes aim to modernize property document filing processes and provide property owners with enhanced notification and protection mechanisms.

Committee Categories

Justice

Sponsors (5)

Last Action

House Withdrawn, Recommitted (on 04/04/2025)

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