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HB 1093 - Liquidated damages; demand; change certain provisions

Tracking Level: Passed
Sponsor: Willard,Wendell 49th
Last Action: 5/12/2008 - House Date Signed by Governor
House Committee: Judy
Senate Committee: JUDY
Assigned To:
06. State CourtsNext Bill
CivilNext Bill

Staff Analysis of the Legislation

HB 1093 amends Code Section 44-14-3 of the O.C.G.A., relating to furnishing of cancellation by grantee or holder upon payment, liability for failure to comply, cancellation of instrument after failure to comply, and liability of agents. It addresses the inaction of grantees to comply with the furnishing of cancellations. The bill provides a remedy in the amount of $500, plus attorney’s fees, for the grantor in the situation where the grantee does not comply. At least 15 business days prior to filing a civil action to recover liquidated damages, the grantor shall provide written notice to the grantee or holder of the instrument. If the grantee fails to do so within 60 days, the grantor may file a civil action.

Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text