Bill Text: GA HB110 | 2011-2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
12 LC 39
0027S
The
Senate Banking and Financial Institutions Committee offered the following
substitute to HB 110:
A
BILL TO BE ENTITLED
AN ACT
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 foreclosed 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)
As used in 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 foreclosed real property owner.
(2)
'Department' means the Department of Community Affairs.
(3)
'Foreclosed real property' means real property that has a building, structure,
or wastewater collection system on it that 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 and is not held pursuant to a foreclosure
instrument.
(4)
'Street address' means the street or route address. Such term shall not mean or
include a post office box.
(b)
Effective July 1, 2012:
(1)
A county or municipal corporation may establish by ordinance or resolution for
the requirement of registration of foreclosed real property as provided in this
Code section;
(2)
No county or municipal corporation shall require registration of foreclosed real
property or 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; provided, however, that county or municipal ordinances or resolutions
that require registration of foreclosed properties for repeated ordinance
violations that remain uncorrected for at least 60 days shall not be preempted;
and
(3)
No county or municipal corporation shall require for purposes of a foreclosed
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:
(1)
The foreclosed real property owner's name, street address, mailing address,
phone number, facsimile number, and e-mail address;
(2)
The agent's name, street address, mailing address, phone number, facsimile
number, and e-mail address;
(3)
The foreclosed real property's street address and tax parcel
number;
(4)
The transfer date of the instrument conveying the foreclosed 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 foreclosed real property to
the owner.
(d)
The department may promulgate a standard foreclosed real property registry form,
in paper and electronic format, that requires only the information set forth in
subsection (c) of this Code section. If such form is promulgated by the
department, all counties and municipal corporations with a foreclosed real
property registry shall use such form.
(e)
When any foreclosed 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:
(1)
The deed under power of sale or deed in lieu of foreclosure contains the
information specified in subsection (c) of this Code section;
(2)
The deed is filed with the clerk of superior court within 60 days of the
transfer; and
(3)
Proof of the following is provided to the office or officer in charge of the
county or municipal foreclosed real property registry:
(A)
A filing date stamp or a receipt showing payment of the applicable filing fees;
and
(B)
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 foreclosed real property pursuant to this Code section or the payment of
any administrative fees pursuant to subsection (h) of this Code
section.
(f)
An ordinance or resolution establishing a registry pursuant to this Code section
may require a foreclosed real property owner to update the information specified
in subsection (c) of this Code section within 30 days after any change in such
required information.
(g)
A foreclosed real property owner, or the agent of such owner, may apply to
remove such foreclosed real property from the registry at such time as the real
property no longer constitutes foreclosed 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 foreclosed 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 $175.00 per registration.
(i)
An ordinance or resolution establishing a foreclosed real property registry may
require penalties for failure to register or failure to update the information
specified in subsection (c) of this Code section, provided that such penalties
shall not exceed $500.00 per month and $2,000.00 total.
(j)
A county or municipal ordinance or resolution requiring the registration of
foreclosed 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 foreclosed real property is located or to
the magistrate or recorder's court of the county in which the foreclosed real
property is located, subject to applicable jurisdictional requirements. Any
foreclosed real property owner affected by a county or municipal ordinance or
resolution requiring foreclosed 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
foreclosed 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 prohibit a county or
municipal ordinance or resolution requiring the registration of foreclosed real
property from providing for exemptions from such registration.
(m)
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 41-2-8, or to define or declare nuisances and
to cause their removal or abatement by summary proceedings or
otherwise.
(n)
Notwithstanding Code Section 36-74-30, an ordinance or resolution establishing a
foreclosed real property registry may require the registration of residential
rental property if such property is foreclosed real
property."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.