Bill Text: GA HB110 | 2011-2012 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Mortgages and liens; vacant property registry; provisions

Spectrum: Partisan Bill (Republican 7-0)

Status: (Passed) 2012-07-01 - Effective Date [HB110 Detail]

Download: Georgia-2011-HB110-Comm_Sub.html

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11 HB 110/CSFA

House Bill 110 (COMMITTEE SUBSTITUTE) (AM)

By: Representatives Jacobs of the 80th, Willard of the 49th, Lindsey of the 54th, Powell of the 171st, Welch of the 110th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating generally to mortgages, conveyances to secure debt, and liens, so as to provide for a vacant real property registry; to provide for definitions; to provide for required elements of a form for such registration; to provide for exemptions from registration; to provide for maximum fees and penalties for registration and failure to register; to provide for appellate rights; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating generally to mortgages, conveyances to secure debt, and liens, is amended by adding a new Code section to read as follows:

"44-14-14.

(a) For purposes of this Code section, the term:

(1) 'Agent' means an individual with a place of business in this state at which he or she is authorized to accept inquiries, notices, and service of process on behalf of a vacant real property owner.

(2) 'Department' means the Department of Community Affairs.

(3) 'Street address' means the street or route address. Such term shall not mean or include a post office box.

(4) 'Vacant real property' means real property that has a building or structure on it that:

(A) Is intended for habitation, has not been lawfully inhabited for at least 60 days, has no evidence of utility usage, and is not actively being marketed for sale, lease, or rent with prominent signage posted on such property bearing the name and valid phone number of the vacant real property owner or the individual licensed pursuant to Chapter 40 of Title 43 representing the vacant real property owner;

(B) Is partially constructed or incomplete, without a valid building permit; or

(C) Is held pursuant to a judicial or nonjudicial foreclosure of a mortgage, deed of trust, security deed, deed to secure debt, or other security instrument securing a debt or obligation owed to a creditor or a deed in lieu of foreclosure in full or partial satisfaction of a debt or obligation owed to a creditor.

Such term shall not include a building or structure containing multiple units with common ownership that has at least one unit occupied with evidence of utility usage. A county or municipal corporation may define such term as using all of this definition or any combination of subparagraph (A), (B), or (C) of this paragraph.

(b) Effective July 1, 2011:

(1) A county or municipal corporation may establish by ordinance or resolution for the requirement of registration of vacant real property as provided in this Code section;

(2) No county or municipal corporation shall require registration of vacant real property on any basis other than as set forth in this Code section or as may be hereafter authorized by general law, and all existing county or municipal ordinances or resolutions to the contrary shall hereby be preempted; and

(3) No county or municipal corporation shall require for purposes of a vacant real property registry established pursuant to this Code section any information or documentation other than as set forth in this Code section.

(c) Each registrant shall be required to file with a specifically identified office or officer a registration form, in paper or electronic format, as required by the county or municipal corporation, requiring submission of only the following information, unless the department promulgates a form as provided in subsection (d) of this Code section requiring additional information:

(1) The vacant real property owner's name, street address, mailing address, phone number, fax number, and e-mail address;

(2) The agent's name, street address, mailing address, phone number, fax number, and e-mail address;

(3) The vacant real property's street address and tax parcel number;

(4) The transfer date of the instrument conveying the vacant real property to the owner; and

(5) At such time as it becomes available, recording information, including deed book and page numbers, of the instrument conveying the vacant real property to the owner.

(d) The department may promulgate rules and regulations to add information that is required to be collected on a vacant real property registry form, and counties and municipal corporations shall conform their registries to accept new registrations consistent with the department's rules and regulations. The department may promulgate a standard form, in paper and electronic format, for use as the form for a vacant real property registry. If such form is promulgated by the department, all counties and municipal corporations with a vacant real property registry shall use such form.

(e)(1) When any vacant real property is acquired by foreclosure under power of sale pursuant to Code Section 44-14-160 or acquired pursuant to a deed in lieu of foreclosure and:

(A) The deed under power of sale or deed in lieu of foreclosure contains the information specified in paragraphs (1) through (5) of subsection (c) of this Code section as modified pursuant to subsection (d) of this Code section;

(B) The deed is filed with the clerk of superior court within 60 days of the transfer; and

(C) Proof of the following is provided to the office or officer in charge of the county or municipal vacant real property registry:

(i) A filing date stamp or a receipt showing payment of the applicable filing fees; and

(ii) The entire deed under power of sale or entire deed in lieu of foreclosure,

a county or municipal corporation shall not require the transferee to register such vacant real property pursuant to this Code section or the payment of any administrative fees pursuant to subsection (h) of this Code section.

(2) The provisions of paragraph (1) of this subsection shall also apply to the transferee and the deed for the first subsequent transfer of vacant real property after the vacant real property has been acquired by foreclosure under power of sale pursuant to Code Section 44-14-160 or acquired pursuant to a deed in lieu of foreclosure.

(3) No county or municipal corporation may require registration of vacant real property pursuant to this Code section within 60 days of such vacant real property's transfer:

(A) Pursuant to a deed under power of sale or deed in lieu of foreclosure; or

(B) To the first subsequent transferee after the vacant real property has been acquired by foreclosure under power of sale pursuant to Code Section 44-14-160 or acquired pursuant to a deed in lieu of foreclosure.

(f) An ordinance or resolution establishing a registry pursuant to this Code section may require a vacant real property owner to update the information specified in paragraphs (1) through (5) of subsection (c) of this Code section as modified pursuant to subsection (d) of this Code section within 30 days after any change in such required information.

(g) A vacant real property owner, or the agent of such owner, may apply to remove such vacant real property from the registry at such time as the real property no longer constitutes vacant real property. The county or municipal corporation shall grant or deny such application within 30 days, and if no such determination is made within 30 days, the application shall be deemed granted.

(h) An ordinance or resolution establishing a vacant real property registry may require the payment of administrative fees for registration which shall reasonably approximate the cost to the county or municipal corporation of the establishment, maintenance, operation, and administration of the registry. Such fees shall not exceed $100.00 per registration.

(i) An ordinance or resolution establishing a vacant real property registry may require penalties for failure to register or failure to update the information specified in paragraphs (1) through (5) of subsection (c) of this Code section as modified pursuant to subsection (d) of this Code section, provided that such penalties shall not exceed $500.00 per month.

(j) A county or municipal ordinance or resolution requiring the registration of vacant real property shall provide for administrative procedures. The administrative procedures shall include the right to appeal to the municipal or recorder's court in the city where the vacant real property is located or to the magistrate or recorder's court of the county in which the vacant real property is located, subject to applicable jurisdictional requirements. Any vacant real property owner affected by a county or municipal ordinance or resolution requiring vacant real property registration may challenge any determination made pursuant to such ordinance or resolution.

(k) An ordinance or resolution adopted by the governing authority of a county to establish a registry pursuant to this Code section may, subject to and in accordance with the requirements of this Code section, require registration of vacant real property within the entire territory of the county, except territory located within the boundaries of any municipal corporation, unless otherwise allowed by intergovernmental agreement between the county and municipal corporation.

(l) Nothing in this Code section shall be construed to impair, limit, or preempt in any way the power of a county or municipal corporation to enforce any applicable codes, as defined in Code Section 42-2-8, or to define or declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.

(m) Notwithstanding Code Section 36-74-30, an ordinance or resolution establishing a vacant real property registry may require the registration of residential rental property if such property is vacant real property."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.