Filing Activity Notification System

Two weeks ago I addressed the survivorship deed and I was surprised at the reaction. People actually responded! So this week I’m addressing an equally important real estate problem.

Real estate fraud is still fairly rare, but it is devastating if it happens to you. Criminals—thieves if you will—target people at random and file false documents that either mortgage the property, or transfer the title to them and they sell the property. Either way, the legitimate owner has to deal with undoing the fraud and establishing their right of ownership. It can be expensive and certainly aggravating to correct the record. Sadly, it’s usually some time after the false filing before the homeowner even knows of the fraud, which makes it harder to undo. 

There are some commercials on television that claim they can notify you whenever someone files anything against your property, but you might be better off using a free service provided by the Georgia Superior Court Clerks Association (GSCCA). Called FANS (Filing Activity Notification System), it’s a service that sends you an email whenever a document is filed in the property records with your name or address. You simply follow the prompts and you can enter your information into the system. 

First caveat: They go to great lengths to let you know it’s not their fault if you don’t get a notification when someone files on your property. It’s the government, after all, so it’s never their fault when their system doesn’t work. The disclaimer is 2,973 words! 

Second caveat: They do system maintenance during the waking hours instead of when we are asleep. That maintenance pushed this column back a week because the site was down for system maintenance for most of last week. I couldn’t hardly send you to a site under repair, could I? But it’s back up, maybe for good. 

With those warnings, here’s how you use the free service. Go to https://fans.gscca.org and follow the instructions. You enter your email address and they handle it from there. 

President Reagan often spoke of the nine most terrifying words in the English language: “I’m from the government and I’m here to help.” Obviously that is usually terrifying, but in this case, the Superior Court Clerks appear to have something that is helpful. The site is very easy to navigate and, if it works, which I assume it does, it’s a convenient tool offered for property owners. It does not go backwards, so the sooner you sign up, the better. If your name is Bob Smith, enter your address and forget the name notification, or you might get more notifications than you want.

I’m glad to see this helpful tool offered by the Superior Court Clerks Association. Other government agencies (maybe the DA Association?) could learn something from this example.

Kelly Burke was born in Knoxville, Tennessee, where he spent his younger years, followed by his high school years in Atlanta, where he graduated from Georgia Tech, followed by Mercer Law School. He has been in the private practice of law, a magistrate judge, and an elected district attorney. He writes about the law, politics, music, and Ireland. He and his wife enjoy gardening, playing with their Lagotto Ramagnolo named George Harrison, and spending time with their grandchildren.