Current through 2023-2024 Legislative Session Chapters 1-597, 604, 609, 612, 696, 697
Section 44-2-2 - [Effective 1/1/2025] Duty of clerk to record certain transaction affecting real estate and personal property; priority of recorded instruments; electronic filings; effect of incorrect tax parcel identification number; effect of recording on rights between parties to instruments(a) As used in this Code section, the term "self-filer" means any person who is a party to an instrument listed in paragraph (1) of subsection (b) of this Code section who is not: (1) An insurance agent or a representative of an insurance agency licensed to sell title insurance in this state;(2) An attorney licensed to practice law in this state or a representative of an attorney licensed to practice law in this state;(3) Licensed under Chapter 40 of Title 43;(4) An agent of a bank or credit union with federal deposit insurance or an affiliate thereof;(5) An agent of a licensed or exempt mortgage lender pursuant to Article 13 of Chapter 1 of Title 7;(6) An agent of a servicer as such term is defined in 12 C.F.R. Section 1024.2;(7) A public official or employee of a federal, state, or local government or a department, agency, board, commission, or authority thereof performing their official duties; or(8) A professional land surveyor licensed under Chapter 15 of Title 43 and in good standing with the Georgia Professional Engineers and Land Surveyors Board.(b)(1) The clerk of the superior court shall file, index on a computer program designed for such purpose, and permanently record, in the manner provided constructively in Code Sections 15-6-61 and 15-6-66, the following instruments conveying, transferring, encumbering, or affecting real estate and personal property:(C) Liens as provided for by law;(D) Maps or plats relating to real estate in the county; and(E) State tax executions and state tax execution renewals as provided for in Article 2 of Chapter 3 of Title 48.(2) As used in this subsection, the term "liens" shall have the same meaning as described in Code Sections 15-19-14, 44-14-320, and 44-14-602 and shall include all liens provided by state or federal statute.(3) When indexing liens, the clerk shall index the names of parties in the manner provided by such rules and regulations adopted by the Georgia Superior Court Clerks' Cooperative Authority pursuant to the provisions of Code Section 15-6-61as authorized by Code Section 15-6-97.(4) When indexing maps or plats relating to real estate in the county, the clerk of the superior court shall index the names or titles provided in the caption of the plat.(c) Deeds, mortgages, and liens of all kinds which are required by law to be recorded in the office of the clerk of the superior court and which are against the interests of third parties who have acquired a transfer or lien binding the same property and who are acting in good faith and without notice shall take effect only from the time they are filed for record in the clerk's office.(d)(1) The clerk of the superior court shall offer electronic filing for the recording of all instruments listed in paragraph (1) of subsection (b) of this Code section. On and after January 1, 2025, any instrument listed in paragraph (1) of subsection (b) of this Code section presented to a clerk of superior court for recording by a self-filer shall be submitted using electronic filing.(e) The clerk of the superior court shall make available a public computer terminal which provides a filer with access to the Georgia Superior Court Clerks' Cooperative Authority's electronic filing portal.(f) The presence of an incorrect tax parcel identification number, or the absence of a tax parcel identification number, on a recorded instrument shall not: (1) Void or render voidable such instrument;(2) Affect the validity, enforceability, or priority of such instrument; or(3) Affect any notice, constructive or otherwise, provided by the recordation of such instrument.(g) Nothing in this Code section shall be construed to affect the validity, enforceability, or priority of any deed, mortgage, judgment, or lien of any kind between the parties thereto.Amended by 2024 Ga. Laws 549,§ 1-1, eff. 1/1/2025.Amended by 2022 Ga. Laws 754,§ 1, eff. 7/1/2023.Amended by 2018 Ga. Laws 283,§ 7, eff. 2/20/2018.Amended by 2017 Ga. Laws 275,§ 44, eff. 5/9/2017.Amended by 2017 Ga. Laws 257,§ 13, eff. 1/1/2018.Amended by 2016 Ga. Laws 351,§ 3, eff. 1/1/2017.Amended by 2006 Ga. Laws 548,§ 1, eff. 4/21/2006.Amended by 2002 Ga. Laws 820, § 5, eff. 1/1/2004.This section is set out more than once due to postponed, multiple, or conflicting amendments.