Georgia-2009-HR885-Introduced

House Resolution 885

By: Representatives Johnson of the 75th, McKillip of the 115th, Abdul-Salaam of the 74th, Baker of the 78th, and Glanton of the 76th

Creating the House Study Committee on Use of Quitclaim Deeds; and for other purposes.

WHEREAS, a quitclaim deed is an instrument releasing to the grantee without warranty all the right, title, or interest of the grantor in the land described, and if properly drawn and executed, it is fully as effective to pass title as a warranty deed; and

WHEREAS, it affords the same protection when recorded, to a bona fide purchaser without notice, as a warranty deed; and

WHEREAS, it will convey all rights of the grantor in the land despite recitals of a limited purpose, yet has the disadvantage of not carrying with it the right to interests afterward acquired by the grantee as would a warranty deed and does not include the right to sue on prior warranties; and

WHEREAS, there have been reported instances where a quitclaim deed was used to convey property from the rightful owners and wherein the grantor had no rights in the land but created a color of title issue in the grantee; and

WHEREAS, the quitclaim deed has been historically utilized in real estate law to transfer property among family members and to further eliminate clouds on title; and

WHEREAS, it would be beneficial to analyze the utilization of quitclaim deeds in Georgia and determine if their use should be further restricted or clarified in real estate law.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Study Committee on Use of Quitclaim Deeds to be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives. The Speaker shall designate a member of the committee as chairperson of the committee. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2009. The committee shall stand abolished on December 31, 2009.