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GA HB129

Bill

Status

Engrossed

3/4/2011

Primary Sponsor

John Hatfield

Click for details

Origin

House of Representatives

2011-2012 Regular Session

AI Summary

  • Prohibits covenants or restrictions running with the land that require payment of a fee to a declarant or third party in connection with a future conveyance of real property, rendering any such restriction, covenant, or associated lien void and unenforceable

  • Exempts from the prohibition fees paid to condominium associations under the Georgia Condominium Act, property owners' associations under the Georgia Property Owners' Association Act, and informal property owners' associations that comply with specified disclosure requirements

  • Exempts fees paid to entities regulated by the Public Service Commission for administration of ongoing services, and fees paid to tax-exempt community land trusts or community development corporations for shared equity property program administration

  • Allows a person obligated on a real estate debt to challenge the foreclosure sale price by filing a complaint within 30 days after foreclosure to establish fair market value, if the lender obtained a judgment on the debt prior to foreclosure

  • If a court finds the foreclosed property sold for less than fair market value, the lender must elect either to set aside the sale and order a resale, or reduce the remaining judgment balance by the fair market value (with any excess returned to the debtor)

Legislative Description

Conveyances; future conveyance of real property; prohibit fee

Last Action

Senate Conference Committee Report Adopted

3/29/2012

Committee Referrals

Judiciary3/7/2011
Judiciary2/2/2011

Full Bill Text

No bill text available