§ 44-2-2. [Effective July 1, 2023. See note.] 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

1. 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:
      1. Deeds;
      2. Mortgages;
      3. Liens as provided for by law;
      4. Maps or plats relating to real estate in the county; and
      5. 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 15-6-61 as 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.
2. 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.
3. The clerk of the superior court shall offer electronic filing for the recording of all instruments listed in paragraph (1) of subsection (a) of this Code section.
4. 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.
5. 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.
6. 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.

History. Ga. L. 1889, p. 106, §§ 1, 4; Civil Code 1895, §§ 2778, 2781; Civil Code 1910, §§ 3320, 3323; Code 1933, §§ 67-2501, 67-2503; Code 1981 § 44-2-2 ; Ga. L. 1982, p. 3, § 44; Ga. L. 2002, p. 799, § 5; Ga. L. 2006, p. 334, § 1/SB 306; Ga. L. 2016, p. 193, § 3/HB 1004; Ga. L. 2017, p. 723, § 13/HB 337; Ga. L. 2017, p. 774, § 44/HB 323; Ga. L. 2018, p. 1, § 7/HB 661; Ga. L. 2022, p. 280, § 1/HB 974.

Delayed effective date.

Code Section 44-2-2 is set out twice in this Code. This version, as set out above, is effective July 1, 2023. For version effective until July 1, 2023, see the preceding version.

The 2022 amendment, effective July 1, 2023, deleted “and” from the end of subparagraph (a)(1)(C); substituted “described” for “provided” in paragraph (a)(2); substituted “of the superior court” for “of superior court” in paragraph (a)(4) and subsection (b); redesignated former subsection (c) as present subsection (f); added subsections (c) through (e); and substituted “validity, enforceability, or priority” for “validity or force” in subsection (f).

Cross references.

Recordation of plats and condominium plans, § 15-6-67 .