A new Georgia law went into effect, this month, addressing deed fraud and adding stringencies for notaries.
House Bill 1292, signed by Gov. Brian Kemp in May of last year, introduces a process for notaries to verify the identities of those who file title deeds or property records. It also requires notaries to catalogue “self-filers.”
A self-filer, in the new law, effective on Jan. 1, is more precisely defined as “any person who is a party” to instruments that “convey, transfer, encumber or affect real estate and personal property,” such as deeds, mortgages, liens or plats.
This is explicitly contrasted in the legislation from other individuals filing on others’ behalf, such as insurance agents, attorneys or land surveyors. Notaries are now obliged to maintain an electronic journal, wherein they are to index each notarial act performed for a self-filer, complete with the filer’s address, phone number and the date, time and location of the act.
The law now also requires a notary public confirm the identity of any person signing a document or taking an oath solely by verification of a government-issued photo ID, as opposed to the former iteration of the law which allowed a notary to confirm this “based on personal knowledge or on satisfactory evidence.”
As such, the law now requires prospective notaries and those renewing their licenses to complete educational training, and that the former undergo criminal background checks.
Skyler Andrews is a reporter covering business for The Augusta Press. Reach him at skyler@theaugustapress.com.
