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GA SB425
Bill
Status
Engrossed
2/29/2024
Primary Sponsor
Blake Tillery
Click for details
AI Summary
- Authorizes attorneys licensed and physically present in Georgia to conduct one-to-four family residential real estate closings using electronic means, including two-way audio-video communication technology, provided they obtain consent from all participants, verify identities, record the closing, and retain records for at least six years
- Prohibits "witness-only closings," where an attorney presides over a real estate closing but claims to act merely as a witness and notary rather than as a practicing attorney
- Permits notaries public physically located in Georgia to perform remote notarial acts via two-way audio-video technology, with exceptions for wills, codicils, testamentary trusts, and real estate conveyance documents (unless conducted under the new electronic closing framework); also authorizes the use of electronic seals of office
- Establishes criminal penalties for violations: misdemeanor for first and second convictions, escalating to a felony (1–5 years imprisonment, minimum $20,000 fine, or both) for third or subsequent convictions, applicable to notaries, technology providers, mortgage lenders, attorneys, and anyone who willfully aids or abets violations
- Creates a private right of action for buyers, sellers, and borrowers harmed by unauthorized practice of law or unlawful notarial acts in real estate closings, with damages of at least $1,000 per violation, up to 10x multiplier for willful violations, attorney and witness fees, and a one-year statute of limitations from occurrence or discovery
Legislative Description
Notaries Public; modernization of certain legal, notarial, and court services using electronic means; provide
Last Action
House Committee Favorably Reported By Substitute
3/26/2024
Committee Referrals
Judiciary3/4/2024
Judiciary1/30/2024
Full Bill Text
No bill text available