Recording Requirements

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 The bill amends Georgia Code, Chapter 2 of Title 44, by adding provisions to Code Section 44-2-2 for electronic filings. New Code Section 44-2-2(c) provides that as of the July 1, 2023 effective date, Georgia Superior Court Clerks shall offer electronic filing for the recording of all instruments listed in Code Section 44-2-2(1)(a), which includes deeds, mortgages, other lien types provided for by law, maps or plats for real property, and state tax executions and renewals. Additionally, new Code Section 44-2-2(d) requires Georgia Superior Court Clerks to “make available a public computer terminal which provides a filer with access to the Georgia Superior Court Clerk’s Cooperative Authority’s electronic filing portal.” The bill also adds new Code Section 44-2-2(e) to clarify that a missing or incorrect tax parcel identification number will not make a recorded instrument void or voidable, affect the validity, enforceability, or priority of an instrument, or affect the notice provided by recording the instrument.

The bill also makes a notable change to Georgia Code Section 44-14-63(b) in Chapter 14 of Title 4, by requiring additional items be included on the first page of security deeds.  As of the effective date, a deed to secure debt will no longer be recorded unless the first page includes the following information:

1. The date of the document;
2. The names of the signatories of the document;
3. The grantee’s mailing address;
4. Map and parcel identification information, if applicable;
5. The original loan amount or the amount of any outstanding principal and additional advance pursuant to a loan modification;
6. The initial maturity date or dates for such debts;
7. The amounts, if any, of the intangible recording tax imposed on such deed to secure debt;
8. The amounts, if any, of the intangible recording tax imposed for an additional advance pursuant to a security deed modification agreement or other additional advance secured by a security deed; and
9. If no intangible tax is imposed, a citation to the authority providing for an exemption of such tax.