The SOLVED Act starts January 1st
On January 1, 2018, big changes are coming to the way that everyone will have to register deeds. On that day, Georgia House Bill 337, or the SOLVED act (Satisfaction of Liens Via Electronic Database), will go into effect. The SOLVED act is a collaboration between the Georgia Department of Revenue (GDOR) and the Georgia Superior Court Clerks’ Cooperative Authority (GSCCCA) to create a statewide database for state tax liens on real property. The SOLVED act is intended to greatly enhance the enforcement of state tax liens. Under the current system, GDOR has to file tax liens in the superior court clerk’s office for every county in which a debtor might own real property in order to recover the debt. Beginning January 1st, GDOR only has to file its lien in one database, and those liens will be enforceable in any county.
The SOLVED act will also impose new administrative requirements on anyone who needs to register a deed. Before a deed can be registered with the clerk of court, the current owner of the property (or someone on their behalf) will have to apply to GDOR for a certificate showing that the property is free from any state tax liens. GDOR will reply to this request with a certificate identification number that must be included on the PT-61 transfer tax form that accompanies the deed before the clerk of court will accept it. The certificate identification number will also expire in 30 days, which creates a filing deadline for deeds that has not existed in the past. This new process may make it more difficult for property owners to register deeds without the help of a professional, such as an attorney. Under the current proposed rules, GDOR will also only reply to a request for a certificate via email, which will effectively exclude any applicant who does not have an email address or reliable access to the internet.
GDOR will be accepting comments to its proposed rules under the SOLVED act through November 30th. GDOR will also be conducting informational sessions throughout Georgia to help introduce the SOLVED act. You can view the schedule of sessions at this link
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