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Judiciary committee advances deed‑theft protections, military protective orders; holds hearings on attorney liens and private‑equity housing
Summary
The Georgia House Judiciary Committee approved several bills including a deed‑theft notification measure and a military protective‑order measure for the Georgia National Guard, and held extended hearings on attorney lien reform and a proposed cap on institutional single‑family home ownership.
The House Judiciary Committee on an afternoon meeting passed a package of measures addressing court administration and property protections, and conducted extended hearings on two contentious proposals: limiting attorney liens in family law cases and a proposal to cap private‑equity ownership of single‑family housing.
The most immediate action came on a deed‑theft bill that requires clerks to place a notice and a 45‑day waiting period on newly filed deeds under certain circumstances and to notify the owner of record. The committee approved the bill as amended; supporters said the change is meant to give potentially unaware owners—often seniors or service members—the chance to learn that a deed was filed in their name and take legal steps before title is finalized.
Why it matters: Committee members described instances where people have lost title through forged or fraudulent filings and said a short, front‑end notice could prevent irretrievable loss for owners who lack resources to litigate. Opponents and several clerks warned that the bill risks placing a transient “cloud” on titles and could slow routine transactions. Committee members adopted clarifying amendments requiring the notice to be tied to a 45‑day waiting period and adding a clause that the failure to act under the new section does not preclude other remedies under law.
Key details about the deed bill and debate
- What the bill does: For deed filings that are not from defined exempt filers (for example, licensed real estate and title professionals or banks), clerks will note the filing and allow a 45‑day waiting period during which the owner of record may submit a notarized affidavit or appear in person to assert the recording was unauthorized. The clerk must send notice; the text adopted by the committee clarifies the notice and waiting period terms.
- Operational concerns: Several clerks and county officials told the committee they worry about how to implement the change without disrupting routine recording and…
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