Real Estate Division

House Bill 974

Filing Requirements

House Bill 974 passed on April 4th, 2022 and was signed into law by Governor Kemp on May 2nd, 2022.

Effective Date

HB 974 has an effective date of July 1, 2023.

However, filers are urged to adopt these requirements as soon as possible.

Security Deed

Page 1: Required Data

The below data elements are now required on the first page of all security deeds.

BASIC INFO:

(1)         The date of the document

(2)         The names of the signatories of the document

{3)         The grantee’s mailing address

(4)         Map and parcel identification information, if applicable

(5)         The original loan amount or the amount of any outstanding principal and additional advance pursuant to a loan modification

(6)         The initial maturity date or dates for such debt

INTANGIBLE TAX INFORMATION:

(7)         The amount, if any, of the intangible recording tax imposed on such deed to secure debt

(8)         The amount, if any, of the intangible recording tax imposed for an additional advance pursuant to a security deed modification agreement or other additional advance secured by a security deed

(9)         If no intangible tax is imposed, a citation to the authority providing for an exemption of such tax

Fannie & Freddie

Title companies preparing their closing documents will build the new Georgia requirements into their software. This information can be added “above the line” on the first page of a Georgia Security Deed as part of that process. Fannie Mae, Freddie Mac, and FHFA will not need to change anything related to their forms for this.

House Bill 974 Filing Requirements (pdf) (589KB)

NOTICE

The Clayton County Superior Court Clerk’s office is proud to announce mandatory UCC eFiling becomes effective January 1, 2022 UCCs.  In an effort to provide ease and convenience, Clayton County Superior Court Clerk’s office, in conjunction with the Georgia Superior Court Clerks’ Cooperative Authority, has developed an online electronic filing portal.  Go to http://efile.gsccca.org, register and begin filing electronically.

We hope that you find this service to be beneficial as Clayton County Superior Court Clerk’s office continues to explore and implement new ways to improve services delivered to the citizens of Clayton County.

NEED TO CONDUCT BUSINESS WITH THE CLAYTON COUNTY CLERK OF SUPERIOR OR MAGISTRATE COURT?

This office is not allowed to give any legal advice.  To do so would be in violation of Georgia law (O.C.G.A. 15-19-51(a)(4) & (6)) and punishable by paying a fine and/or serving time.

If you submit an extra copy of a document in order to have it file-stamped for your records, you must include a self-addressed, stamped envelope.  Otherwise, the extra copy will not be returned to you.

E-filing is available 24/7 for Real Estate Recordings.

• E-filing for Superior Court Real Estate click HERE for GSCCCA Portal.
• Superior Court Real Estate Document Search 1985 – Current click HERE.

Frequently Asked Questions

Is the last assignment information required when filing a cancellation or assignment?

No.

Are original documents required for filing?

Yes.

Are original documents returned?

Yes.

My Spouse and I are changing our deed to show us as Joint Tenants with Right of Survivorship.  Do we still need to fill out a transfer tax form?

Yes. A transfer tax form is required any time the ownership of the property is changed.

I’m filing a Quit Claim Deed in lieu of a cancellation.  Do I need to submit a transfer tax form?

No, as long as the release information is contained within the body of the deed.

What are transfer taxes?

Transfer taxes are paid when money exchanges hands during the sale of a piece of property.  The taxes are paid at the rate of $1.00 per $1,000.00.  For example, if a house is purchased for $150,000.00, the transfer taxes due on that property are $150.00.  There is a transfer tax form (Form PT-61) that must be completed with each transaction.  These forms must be filled out and submitted online.  This can be done by visiting http://www.gsccca.org/efiling/pt61/default.asp through a personal computer or through a computer located in the Superior Court Clerk’s office.  For additional information regarding transfer taxes, please visit http://www.gsccca.org/efiling/pt61/faq.asp.

What are intangible taxes?

Intangible taxes are paid when a person or company borrows money and takes out a loan that matures in more than three years.  It is paid at the rate of $3.00 per $1,000.00 borrowed not considering any refinancing.  For example, if $150,000 is borrowed, the intangible taxes would be $450.00.  Some lending institutions (i.e. credit unions, governments agencies) are exempt from intangible taxes.  A separate check made payable to the clerk of superior court should be sent to pay for intangible taxes.

Where can I obtain the forms needed for real estate recordings?

Most office supply stores carry some legal forms.  The law books in the Clayton County Law Library outline different legal forms and may be of some help.  The Law Library is located on the 3rd floor of the Harold R. Banke Justice Center.  Click here for directions.

What is the turn-around time on recording documents?

The processing time varies due to the amount of documents received.  Generally, our processing time is 2 to 3 weeks; however, there are times when the processing takes longer.

I want to know who owns a piece of property.  How can I find out that information?

Our record room is open to the public from 8:00 am until 5:00 pm Monday through Friday.  We have computers accessible to the public which enable you to look up an address to see who was last listed as the owner.  This information is provided by the Clayton County Tax Assessor’s Office.

I need to have a title search done to see if there are any liens against my property.  Where do I start?

A title search is an involved process which the Clerk’s office is not qualified to perform.  There are title searchers listed in the Yellow Pages and you might wish to hire someone who is trained to do the search for you.  An attorney (especially one specialized in Real Estate Law) may also be able to assist you.