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GA HB1292

Bill

Status

Passed

5/2/2024

Primary Sponsor

Gabe Okoye

Click for details

Origin

House of Representatives

2023-2024 Regular Session

AI Summary

  • Requires "self-filers" (individuals who are parties to real estate instruments and not licensed professionals such as attorneys, title agents, or bank representatives) to submit documents for recording exclusively through electronic filing, effective January 1, 2025, with clerks required to provide public computer terminals for access to the electronic filing portal

  • Directs the Georgia Superior Court Clerks' Cooperative Authority to adopt rules requiring individuals submitting electronic documents for recording to provide identifying information (e.g., driver's license, passport, or military ID), which is kept confidential and released only to law enforcement, via subpoena, or to affected property interest holders

  • Requires notaries public to maintain a journal for each notarial act performed for a self-filer, documenting the self-filer's name, address, phone number, date/time/location, type of ID presented, and signature; also mandates notaries complete an educational training class before initial appointment and within 30 days before each renewal

  • Creates a civil cause of action allowing property owners to sue anyone who knowingly files a false or forged deed or instrument, with damages of actual damages or $5,000 (whichever is greater) plus costs and reasonable attorney's fees; also entitles complainants in quiet title actions to recover costs and attorney's fees when the defendant fraudulently created the instrument

  • Requires unsolicited real property purchase solicitations containing a monetary offer to include a capital-letter notice stating the offer may not reflect fair market value, and if the offer is below the county assessed value, a second notice stating so; increases damages for violations from $200 to $600 per violation and makes violations a misdemeanor

Legislative Description

Property; clerks of superior courts obtain photographic identification cards of individuals who present deeds or other instruments for recording; require

Last Action

Effective Date 2024-05-02

5/2/2024

Committee Referrals

Judiciary3/4/2024
Judiciary2/16/2024

Full Bill Text

No bill text available