Georgia Amendment to Recording Requirements

Georgia Amendment to Recording Requirements

Georgia House Bill 974 , which was signed into law on May 2, 2022, mandates new requirements for recording of all security instruments listed in Georgia Code Chapter 2 of Title 44.

As of the July 1, 2023 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.

Additionally, 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 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.

DocMagic is updating Georgia security instruments to include all applicable changes and will make the revised security instruments available in our testing environment on June 1st, prior to implementation on July 1, 2023.   

See our earlier article on this topic.