New Rule for Filing Real Estate Documents Effective Jan. 1, 2025
The Georgia legislature passed House Bill 1292 in 2024 to help combat forged and fraudulent deeds being recorded in the real estate records.
As of January 1, 2025, individuals can no longer walk into a county courthouse and file a document to be recorded in the real estate records. O.C.G.A. §44-2-2(d) requires “self-filers” to file deeds, liens, security deeds, and plats electronically using the Georgia Superior Court Clerk’s Authority (“GSCCCA”).
The GSCCCA is required to verify the filer’s identity before accepting the document. Per O.C.G.A. 44-2-39(b), the GSCCCA shall ensure the individual filing the document has provided “information sufficient to identify such individual.” This is usually a photo ID like a driver’s license, passport, or military ID card. A person may no longer file a deed anonymously. Hopefully this will help law enforcement locate any people forging or fraudulently filing deeds, liens, cancellations, or mortgages.
There are exceptions to the rule. Attorneys, institutional lenders, public officials, and certain other filers who can easily be identified and located are exempt from the new rule. It will require a little extra work now to get your own document filed, but if it stops the fraudulent filings, then it will be worth it.
John C. Bennett is a real estate closing attorney and owner of Origin Title and Escrow, Inc.. Since 2003, Origin Title has handled real estate transactions – purchases, refinances, reverse mortgages – quickly and professionally. There will be no surprises, nothing misunderstood. Title searches are thorough and well-reasoned, to avoid unpleasant surprises later down the road. Calculate your closing costs in Georgia or Florida using our calculator or contact Origin Title using this form.