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The Record Search. A title examination is the real estate record search process that attempts to identify legal interests to a parcel of land. In Georgia, the process involves researching various indices for a period covering up to 50 years, and then manually reviewing the underlying title documents.
A title search digs into a property's public records. Typically, an attorney or title company will use a variety of legal documents to establish a chain of title and confirm that a seller is the rightful owner. And the title search also roots out any financial or legal claims against the property.
Requirements to be filed The deed must describe the real property, full legal description. Name the party/parties transferring the property (grantor) Name the party/parties receiving the property (grantee) Be signed and notarized by the grantor with a witness.
How to Perform Georgia Title Searches. Often, title searches are among the first things that have to be done when buying a property. The documents used to perform a title search are public, and you can obtain the records from any Georgia courthouse, county assessor office, or recorder's office.
Essential Elements of a Valid Deed Use of the proper statutory form of deed. Competent parties: grantor and grantee. Words of grant or operative words of conveyance. Sufficient description of the property to be conveyed. Proper execution. Delivery and acceptance.
The Supreme Court of Georgia has consistently held that it is the unauthorized practice of law for someone other than a duly-licensed Georgia attorney to close a real estate transaction or to prepare or facilitate the execution of such deed(s) for the benefit of a seller, borrower, or lender.
In the state of Georgia, in order for ownership of property to be validly transferred, a property deed must be recorded and notice of the transfer made.
- To admit a deed to record, it must be a perfect deed. It must be attested by two witnesses. It must be attested or acknowledged, if executed in this state, as provided in former Civil Code 1910, § 4202 (see O.C.G.A. § 44-2-15), or it must be probated as provided in former Civil Code 1910, § 4205 (see O.C.G.A.