House Amendment 1
H 3500 - Session 125 (2023-2024)
Deed and Mortgage Derivation Clauses

The Committee on Judiciary proposes the following amendment (LC-3500.WAB0001H):

Amend the bill, as and if amended, SECTION 1, by striking Section 30-5-35(2) and (bB) and inserting:

(2) In order to be recorded, a deed or mortgage of real estate executed after December 31, 2023, also must identify either the:

(a)preparer of the instrument and provide his contact information; or

(b)attorney licensed to practice in this State who assisted with the closing of the instrument.

( bB) A clerk of court or register of deeds shall may not record any deed or mortgage after July 1, 1976, unless it contains a derivation clause as prescribed in subsection (aA)(1); provided, however, that he may record a deed or mortgage without such clause upon a showing satisfactory to him that the necessary information for such clause was not available. Additionally, a clerk of court or register of deeds may not record any deed or mortgage executed after December 31, 2023, unless the instrument contains information identifying the preparer of the instrument or the closing attorney of the instrument as required in subsection (A)(2).