§ 44-2-35. Short Title
This part shall be known and may be cited as the “Uniform Real Property Electronic Recording Act.” History. Code 1981, § 44-2-35 , enacted by Ga. L. 2009, p. 695, § 1/HB 127.
§ 44-2-36. Definitions
As used in this part, the term: “Authority” means the Georgia Superior Court Clerks’ Cooperative Authority established pursuant to Code Section 15-6-94. “Document” means information that is: Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and Eligible to be recorded in the […]
§ 44-2-37. Electronic Documents Treated as Original; Electronic Signatures Acceptable
An electronic document prepared and filed in compliance with this part shall satisfy any requirement as a condition for recording that a document be an original, on paper or another tangible medium, or in writing. An electronic signature shall satisfy any requirement as a condition for recording that a document be signed. A requirement that […]
§ 44-2-38. Role of Clerk of Court
A clerk of superior court: Who implements any of the functions listed in this Code section shall do so in compliance with standards established by the authority; May receive, index, store, archive, and transmit electronic documents; May provide for access to, and search and retrieval of, documents and information by electronic means; Who accepts electronic […]
§ 44-2-39. Adoption of Rules and Regulations; Standardization
The authority shall adopt rules and regulations and any standardized forms necessary to implement this part. To promote uniform standards and practices and compatibility of technology used within offices of clerks of superior court in this state and recording offices in other states that have enacted or may enact provisions substantially similar to those contained […]
§ 44-2-39.1. Promotion of Uniformity
In applying and construing this part, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact substantially similar provisions. History. Code 1981, § 44-2-39.1 , enacted by Ga. L. 2009, p. 695, § 1/HB 127.
§ 44-2-39.2. Construction With Federal Law
The provisions of this part modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but shall not modify, limit, or supersede Section 101(c) of that federal act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) […]
§ 44-2-22. Legal Effect of Good Record Title for 40 Years
A prima-facie case shall be made out in actions respecting title to land upon showing good record title for a period of 40 years, and it shall not be necessary under such circumstances to prove title to the original grant from the state. History. Ga. L. 1953, Jan.-Feb. Sess., p. 63, § 1. Law reviews. […]
§ 44-2-24. Withdrawal of Affidavit of Forgery Upon Loss of Deed by Affiant
Where an affidavit of forgery has been filed to the plaintiff’s deed, and the deed has been turned over to the defendant or his counsel in order to procure evidence upon the issue of forgery, and such deed is destroyed or lost by the defendant or his counsel or for any cause is not returned […]
§ 44-2-25. Recording Techniques; Copies of Plats
All decrees, deeds, mortgages, or other instruments affecting the title to land shall be recorded by the clerk of superior court in such a manner so as to provide a permanent record of such instruments. It shall be lawful to make a copy or copies of any plats, blueprints, or other copies of plats that […]