Georgia House Judiciary Committee advances eviction-service fix, military protective orders; approves deed-notice bill after amendments

The Georgia House Judiciary Committee met (date not specified) and approved a package of court- and property-related measures while holding hearings on several others.

The most immediate actions included: moving a cleanup to eviction-service law to the House rules committee after deleting aviation provisions; approving a bill that authorizes military protective orders to be entered by Georgia National Guard military judges; advancing a bill to create a 45-day notice/hold process when certain deeds are recorded (intended to deter deed-theft), and approving a statutory framework authorizing electronic filing in probate courts. The committee also heard a proposed change to attorney-lien law in divorce cases and a broader proposal to limit how many single-family houses or multifamily complexes large business enterprises may hold; both of those items were treated as hearing-only and were not voted on.

Eviction service (House Bill 270) Committee members approved a version of House Bill 270 after a friendly amendment that removed the bill—s aviation provisions and renumbered sections. The remaining text would align OCGA 44-7-51 with Rule 9-11-4 to allow private process servers to serve eviction papers consistent with longstanding practice, a change described by a committee witness as a response to Mancuso v. Caedals (Jan. 2024). The bill sponsor asked that the eviction-service provision take effect upon the governor—s signature or on standard effective dates. The committee voted in favor of the amended bill.

Military protective orders for guardsmen (LC461038 / House bill referenced) The committee approved legislation authorizing entry of military protective orders by a Georgia National Guard military judge. Witnesses said the orders would apply to members 24 hours a day, seven days a week regardless of duty status and would be enforceable through state criminal processes and the Guard—s disciplinary provisions. Committee discussion clarified that (1) the procedure would apply when both petitioner and respondent are members of the Guard, (2) contempt or military disciplinary consequences are available for violations (witnesses described up to 30 days— confinement as one enforcement tool), and (3) orders would be uploaded into the Georgia Crime Information Center (GCIC) so civil-law enforcement could act if a violation occurs. The committee voted to pass the bill.

Deed-notice and anti-deed-theft measure (House Bill 427, LC481533S) Lawmakers approved a bill intended to reduce so-called deed theft by adding a temporary recorded notice when a deed is recorded by a party who is not the recorded owner or an enumerated exempt filer (exemptions discussed in committee include attorneys, banks and other customary actors). Under the enacted amendment process the clerk—s office will place a note on the recorded instrument and must send notice; the bill sets a 45-day period for the record owner to notify the clerk in writing (by affidavit or in person) that the recording was unauthorized. The committee adopted amendments during the hearing clarifying that the statutory "notice" language refers to the 45-day waiting period and adding language that failure to act under the statute "shall not preclude any other remedy available under law." Committee members and clerks discussed operational details, including electronic filing, PT-61 parcel information, cross-references to any later court order clearing title, and the practical limits of clerks as nonjudicial actors. The committee approved the bill as amended.

Attorney-lien reform in family-law cases (hearing only) Committee members held a hearing on a proposal to amend OCGA 15-19-14 and OCGA 19-6-2 to address situations in which attorneys— liens on property have been used, according to the bill sponsor and a submitted letter from Judge Dean Bucci, to encumber marital property that a judge might otherwise award to an adverse party. The sponsor described two proposed changes: (1) clarifying that standing orders in domestic cases can bind both current and former attorneys and (2) amending the lien statute to prohibit attorneys from encumbering property awarded to an adverse party. Members raised concerns about unintended consequences for temporary orders, collection mechanics, and access to counsel for low-income parties. The item was taken as hearing-only to permit further consultation with the domestic-law bar and the author—s judicial contact.

Probate e-filing (hearing and passage) Committee members approved a bill directing probate courts to allow electronic filing, mirroring statutory language already in effect for state and superior courts. Sponsors said the measure was a follow-up to prior fee-rationalization and e-filing steps and set an implementation deadline for courts to adopt a vendor or system.

Private-equity and single-family housing proposal (hearing only) A hearing was held on a proposal that would limit "business enterprises" from owning an interest in more than 2,000 single-family properties in Georgia and a capped number of multifamily complexes (the sponsor described a 10-complex limit). The sponsor framed the bill as a response to large institutional investors buying single-family homes and raising local comparables, which can affect property taxes and local housing affordability. Opponents from the apartment and real-estate sectors (including the Georgia Apartment Association and Georgia Realtors) warned the committee the proposal could be disruptive to housing supply, could be evaded using corporate structuring, and could cause market instability if a required divestiture occurred quickly. The proposal was treated as hearing-only.

Other votes and routine items The committee advanced additional bills with limited discussion, including proposals related to municipal senior judges, municipal court clerks— council recognition, and a statutory clarification about who receives transcript requests in appeals; each of these measures received a committee vote and was moved forward.

Why it matters The package mixes technical court-practice fixes (eviction-service alignment, probate e-filing), protective measures for specific populations (military protective orders), and consumer-protection experiments aimed at property fraud and institutional real-estate ownership. The deed-notice measure drew the most operational questions from clerks and lawmakers and was changed in committee to clarify process, timing and the continued availability of judicial remedies. Attorney-lien reform and the private-equity ownership cap were not voted on and were sent forward for further review.

What happens next Bills passed by the committee will move toward other legislative steps (rules committee or chamber floor, depending on local procedure). Hearing-only items will be revised or returned to the committee for further work if sponsors reach consensus with interested parties.

Votes at a glance - House Bill 270 (eviction-service; LC 481433): passed by committee after amendment removing aviation provisions - House Bill 132 (senior municipal court judges; LC 473211): passed by committee - House Bill 304 (municipal court clerks council; LC 481432): passed by committee - Military protective-order bill (LC461038 / sponsored bill number referenced in transcript): passed by committee - House Bill 379 / LC 481554 (attorney-lien changes): hearing only, no committee vote - House Bill 427 (deed-notice/45-day hold; LC481533S): passed by committee with two amendments (clarified "45-day waiting period" wording and preserved other legal remedies) - Probate e-filing bill (probate e-file statutory language): passed by committee - Transcript/transcript-request clarification (LC481506 / House Bill 545): passed by committee - Residential ownership cap / "Georgia First" proposal (hearing only; sponsor referenced HB550493): hearing only

Sources and procedure This article is based on the committee transcript of the meeting (topic spans cited below). The article does not infer actions beyond the meeting record and avoids attributing comments to individuals when the transcript did not provide a clear name or role.

Ending Committee members indicated willingness to continue negotiating operational details (especially on the deed-notice and attorney-lien measures). Several items will return with technical edits or stakeholder input before further floor action.