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Georgia Property Records

Property Records in Georgia

Did you know that Georgia is the largest state east of the Mississippi River and home to the oldest state park in the nation? Georgia also has 159 counties, which is more than any other state east of the Mississippi. Almost 11 million residents call Georgia home. With that many counties and that many people, the government deals with a lot of property records.

Georgia property records include deeds, tax bills, appraisals, building permits, liens, and much more. These records affect homeowners and the government offices that maintain them. Property records dramatically impact real estate sales and can influence the value of a piece of real property. These valuable documents are legally binding and come into play in many situations.

Use this guide to learn what property records are, the information they contain, the different types and government offices that maintain them, how to search for and change them, and how they affect real estate transactions.

What Are Property Records in Georgia?

Property records in Georgia are legal documents that pertain to real property. Some of these records perform functions such as deeds and transfer ownership of property. An appraisal or assessment helps to set tax rates and provides an opinion of the value of the property.

People and government offices create property records. They are typically filed and stored with the local county offices or court system. Depending on the type, they may be created by local government officials, attorneys, court personnel, or even private citizens.

Components of Property Records in Georgia

Property records contain more information than you might think. All the information will pertain to the property itself or the current or historical owners. Some of the information you can find in Georgia property records includes:

  • The Property Address
  • A Detailed Legal Property Description
  • The Current Owner's Name and Address
  • Ownership History
  • Deeds
  • Liens
  • Tax Records
  • Mortgage Records
  • Bankruptcies
  • Foreclosures
  • Building Permits
  • Plat Maps
  • Surveys
  • Easements / Conveyances
  • Property Details
  • Parcel ID
  • Zoning
  • Boundary Lines

You may find a lot more information than just what is listed above.

Sources of Property Records in Georgia

Unlike many states, Georgia property records are filed and maintained by the local county Superior Court clerk's office. Tax records may be found at the local county commissioner's office or with the Georgia Department of Revenue.

What is the Role of the Superior Court Clerk?

What is the Role of the Superior Court Clerk?

Most states have a local county recorder or registry of deeds where people file their property records. Georgia, however, handles it all through the court system. You must contact or visit the local county Superior Court clerk's office to file or find Georgia property records. For example, if you are interested in Fulton County property records, you can visit their website. The county's court website states that "The Fulton County Clerk of Superior and Magistrate Courts Real Estate Division is responsible for recording and indexing all Fulton County real estate deeds, lien filings, plats, condominium floor plans, military discharges, partnerships, trade names, and Uniform Commercial Code filings (UCC)."

How Property Records are Maintained in Georgia

Property records in Georgia are created by different people and filed with the local county Superior Court clerk. That office maintains them and provides copies to anyone who wishes to view the public records.

With real estate deals, the title company or attorney handling the closing will file the appropriate paperwork with the court. If it's a private deal, the person managing it will file.

Accessing Records at the Superior Court Clerk's Office in Georgia

The Superior Court clerk's office also processes requests for changes in records. If you need to correct a deed in Burke County, you can visit their website or their offices in person.

You have the right to access public property records. You can request copies with any of the local Superior Court clerk's offices. You may have to wait while they locate the records, and you could be charged a fee. The state of Georgia allows these counties to charge 10 cents per page.

Superior Court Clerk's Locations in Georgia

Georgia provides this handy lookup tool for finding all the Superior Court Clerks in Georgia. Click on the county to see all the information. You will find the clerk's:

  • Name
  • Address
  • Phone
  • Email Address
  • Information About the Clerk, Including Their Political Affiliation
  • Office Hours

What are the Various Types of Property Records?

Property records include many different types of documents. Some of the most common are deeds, mortgages, liens, taxes, easements, plats, and surveys. In Georgia, a specific government entity is responsible for filing and maintaining different property records.

Deeds and Conveyance Records

Deeds transfer ownership of real property. They are one of the most common types of property records you will find. All deeds are filed with the Superior Court clerk's office.

Deeds are instrumental in real estate transactions. Each party listed in the deed will sign it, and a notary will execute it to make it legal.

Georgia deeds contain the following information:

  • Name of the Seller/Grantor and Buyer/Grantee.
  • A detailed description of the property.
  • Maps and plats along with boundaries and sometimes surveys showing the acreage and edges of the property.
  • Conveyance language explaining the ownership transfer from one person or entity to another.
  • Notarization and execution are at the bottom, where everyone signs to make it legal.

Georgia has five main deeds used for various purposes. They include a warranty deed, limited warranty deed, special warranty deed, builder's deed, and quitclaim deed. Each type offers the buyer/grantee a specific level of protection against title defects. Families often use Quitclaim deeds when transferring property among themselves. The state also allows particular types of deeds, such as an executor's deed or spousal deed.

Liens, Encumbrances, and Property Records in Georgia

Encumbrances that can drastically affect property records are liens. They are legal claims on the property for an unpaid debt. They can decrease the value of the home and make it difficult to sell. Thankfully, you can find out if a property has liens on it by checking property records.

Voluntary Liens

Mortgage Liens

Mortgage and liens are property records that everyone is familiar with. Anyone who cannot afford to pay cash for their property will have a mortgage. When the bank agrees to lend you the money to buy your home, it comes with some terms. You must pay on time and pay interest along with repaying your loan. You also agree to allow the lender to put a lien on your property, and if you default on the loan, they can seize and sell your home to recoup the losses.

The following information is present in a mortgage document:

Mortgage Liens
  • Identity of Parties Involved - The mortgage document must identify the lender and the borrower. It will include names, contact details, and other relevant personal information.
  • Rights and Responsibilities - The document will outline the responsibilities and rights of each party. They differ depending on the type of agreement and, in some cases, the lender. Responsibilities are legal obligations and must be followed by both parties.
  • Property Description - A property description is necessary for the land under the mortgage. Usually, it includes details such as a physical address, measurements, and property elements that may also be under the mortgage.
  • Loan Terms - The mortgage must define the loan terms starting with the initial borrowed amount, interest rate, and the amount to be repaid. It also includes the frequency of payments, how long the mortgage is under effect, and default penalties.

Along with mortgage liens, there are also tax liens, mechanic's liens, and judgment liens. Different people and government officers can use these types of liens for the same purpose: to collect a debt that the homeowner owes. For example, if you do not pay your property taxes, the county tax commissioner's office can put a lien on your property until you do pay. After a period of time, they, too, will seize and sell your home at auction to pay off the debt. Georgia is a tax deed state as opposed to a tax lien state meaning they will sell a tax deed to the auction winner. The winner will then have to sell the property after the waiting period.

Involuntary Liens

Mechanic's Liens

A mechanic's lien is a legal claim on a property for materials or unpaid labor on the home. Usually, contractors, subcontractors, landscapers, architects, and laborers file these types of liens.

Mechanic's Liens

Tax Liens

If someone doesn't pay their annual taxes, the county can put a lien on their house. If they refuse to pay, the county can seize and sell their property at auction to pay off the back taxes.

Tax Liens

Judgment Liens

Other creditors can file a judgment lien against a homeowner if the homeowner doesn't pay what they owe. These issues end up in court, and a judge gives the creditor the right to file the lien and eventually foreclose to get their money.

Judgment Liens

The Process of Property Liens in Georgia

The process of filing a mechanic's lien in Georgia goes as follows:

Claimants must ensure they fill in the correct details on the right form. A Georgia mechanic's lien form must include the claimant's information, the property owner's information, the lien amount, which includes interest accrued for late payments, a property description, a description of services provided, proof of notice, and signatures and notarization.

The next step is to get it recorded. Claimants have 90 days to file the lien in the Clerk of the superior court office where the property is located. The uniform filing fee is $4.50 for the first page and $2 for additional pages.

The claimant may serve a copy of the lien to the property owner via registered mail or overnight delivery. Claimants are encouraged to keep a copy for evidence of service.

Property Tax Records

If you owe property in Georgia, you must pay annual taxes on it. Property taxes consist of bills, appraisals, and assessments. Each county sets its own tax rate in Georgia. The average effective property tax rate in Georgia is 0.81%. Property owners pay an average of $2,027 in property taxes each year. That is about $800 less than the national average.

The local county tax commissioner manages property taxes in their district. However, the Georgia Department of Revenue oversees all property taxes for the state and the individual local county tax commissioners. Property taxes are based on annual county-assessed values.

Some information you can find in property tax records includes:

  • Tax Rates - Different areas have varied tax rates. Therefore, the document will highlight the working tax rate of the year for the specific location.
  • Assessed Market Value - The document will show the property's assessed market value. Assessors base it on factors such as size, location, and sales of similar properties.
  • Tax Calculation - The tax record may show a breakdown of tax calculations, noting applicable exemptions.
  • Owner Information - The record must show the owner's information, such as name and contact details. The owner is liable if taxes are unpaid.
  • Property Information - The document will identify the property, noting the parcel or lot number, size, and physical address.

How Often is Property Tax in Georgia Assessed?

Property tax assessments in Georgia are the responsibility of the County Board of Tax Assessors. The board must ensure that all taxable property in the county is assessed at its fair market value. In addition, they must ensure that fair market values are fairly and justly equalized. Property tax in Georgia is assessed annually, but the exact date differs according to the local area. Property taxes are due on December 20th of each year in some counties. However, the general rule is to pay taxes within 60 days of billing. Each jurisdiction has a unique way of assessing property. However, the standard process goes as follows:

  • Fair Market Valuation - The assessor determines the property's fair market value through physical assessment and considering factors such as location, comparable sales, size, and improvements.
  • Assessed Value Calculation - The assessor must determine the assessed value for tax calculations. The assessed or taxable value is 40% of the fair market value.
  • Assessment Notice -The assessor then sends a notice to the property owner showing the fair market value, assessed value, tax rates, exemptions, and the owed tax for the year.
  • Appeal - The property owner may apply for an appeal if they disagree with the assessed value. Appealing involves sending a written appeal to the county board of assessors.

Easements and Covenants

Easements and covenants also appear in property records in Georgia. Easements are a person or entity's rights to access a piece of real property without the owner's permission. They could be as simple as a right of way or a company that owns power lines on a private citizen's property. Easements will be noted on a deed during a land transfer.

Covenants are rules for how the land must be used. These may be included in closing documents. A good example is condo rules for developments with shared "common" areas. They dictate how someone can use shared land. In some developments, you could not host a party on a back lawn where multiple tenants owned units.

Plats and Surveys

Plats are maps of a piece of real property that detail the boundaries of other adjoining properties. Surveys are reports and maps that show just the boundaries of a single property. They are often used in new construction and to settle boundary disputes.

Some of the information on a survey document in Georgia includes:

  • Markers - The survey will show monuments and markers establishing the property's boundaries.
  • Encroachments - A property survey will show any easements and encroachments affecting the property.
  • Boundary Lines - Most survey documents show the property boundary lines with exact measurements.
  • Property Description - Like most land records, property surveys will describe the property using an address, parcel number, or lot number.

Historical Property Records

Although accessing historical property records can be challenging, the state of Georgia is doing its best to make additional years available online. For more information on how to find historical property records, consult the Georgia Clerk's Authority. You can also visit the local Superior Court clerk's office in person to find what you need.

How Can I Search for Property Records?

How Can I Search for Property Records?

Attorneys, title companies, investors, real estate professionals, and others often need to look up property records for various reasons. The key to finding what you need is to know where to look. The following sources can help you find property records efficiently.

Online Property Record Search

The first place to look for property records is online. Type the property address into the search bar of your favorite browser and see what comes up. If you don't see detailed enough results, you can try the owner's name or one of the sources below.

In-Person Property Record Search

You can always visit the local county Superior Court clerk's office in person. However, they may charge you up to 10 cents per page, and depending on how busy they are, you may have to wait for service. Finding records online will be faster.

Using Property Record Indexes

Each county has its own website; you can find clerk's information online using those repositories. Some examples where you can find records are:

You can also try realty sites and other third-party options, but you need to know how often the data has been updated or how current the records are.

Utilizing Commercial Services

The best way to find property records fast is to use a professional service like PropertyChecker. You can perform unlimited searches and find millions of property records nationwide, saving time and money.

How to Search Property Records by Address

Most search portals allow you to search by property address. In fact, this is the best way to pull up records of all types. Simply type in the full property address and review the results.

How to Search Property Records by Name

You can sometimes also search by property owner name. However, finding what you need may take more work, depending on how updated the records are.

Understanding Property Ownership in Georgia

Property ownership can be exciting, but it comes with certain responsibilities. There are also costs involved, such as annual taxes, and your information will be recorded in public records. Deeds not only transfer ownership but also validate that someone owns the property legally.

How to Identify Property Owners

There are many reasons why someone must find out who owns a particular property. You can do so by typing the property address into a search portal and looking for the current owner. You may also see the entire ownership history, which can be helpful.

Chain of Title

The chain of title refers to a complete list of everyone who ever owned the property. There can be no break in the chain of title. Someone has owned it at all times, regardless of what the records say.

Before a real estate transaction closes, the title company will perform a property title search looking for any title defects or breaks in the chain of title that could affect the sale.

Ownership History and Transfers

Ownership history matters during property transfers. If someone claims ownership of the property after the sale, it can result in complicated legal issues.

Along with real estate sales, property changes hands through transfers, like one family member leaving a property to another in their will. After the person dies, the new owner takes possession.

Property Descriptions and Boundaries in Georgia

Another very important aspect of property records is the legal property description. You can find this information on deeds, mortgages, liens, property taxes, and other records. The property description comes from the county property manager, who is the Superior Court clerk's office in Georgia. It clearly describes the property with landmarks and other features so anyone can locate and identify it.

Surveys and Land Measurements

Surveys are conducted by specialized personnel using certain technological equipment that measures boundary lines. Surveys are used to determine or verify property lines for sub-surface improvements or installation of wells or sewers. They may be used in new construction or existing property.

Boundary Disputes and Resolutions

When one person believes that another is trespassing on their land, they may go to the courts to resolve the issue. Surveys may be used to verify land boundaries. Both parties should consult attorneys to help them win their cases.

Property Records and Real Estate Transactions in Georgia

Property Records and Real Estate Transactions in Georgia

Property records come in very handy when buying or selling property. You can learn a lot from them and prepare yourself with details that you might not otherwise know.

Buying Property: Due Diligence

When buying property in Georgia, do yourself a favor and find out all you can about the property beforehand. A little bit of due diligence can help you avoid headaches later, like finding out the property has liens on it or is in foreclosure.

Selling Property: Providing Disclosure

When selling property, you are required by law to provide disclosures. For example, in Georgia, you must disclose any material defects in the physical condition of the property. If you are unaware of any, you might use property records to research the place's history.

Title Searches and Insurance

Anyone handling a real estate closing will scour property records in an attempt to find any issues that could halt the sale. Lenders require buyers to purchase title insurance to protect them if anyone with a legal claim on the property does not show up after the sale.

Foreclosure and Property Records in Georgia

Foreclosure records can help investors find inexpensive properties to fix up and sell at a profit. Regular buyers might want to be cautious of homes that are in foreclosure. The rate of foreclosures in Georgia is one in every 4,195 households, with Irwin, Taliaferro, and Pulaski having the most foreclosures per housing unit. In 2008, the state had the eighth-highest foreclosure rate in the nation. Delinquency and foreclosure rates were stable at 2.5% and 0.5% between 2000 and 2006. By 2010, the delinquency rate had reached 10%, and the foreclosure rate was 4%.

Types of Foreclosures in Georgia

Georgia is a non-judicial foreclosure state. Therefore, all foreclosures in the state are non-judicial, meaning the lender has no obligation to file a lawsuit to initiate foreclosure activities.

Property Records and Property Values

Property values are among the most impactful pieces of information about a property. The average home value in Georgia is $321,821. Home prices have risen roughly 4.1% yearly for the past few years.

Property value information can help investors, buyers, and sellers. Property values can be found in appraisals, assessments, tax bills, mortgage documents, and other records.

Assessments and Appraisals

Appraisals are used liberally when buying a house. Lenders require that buyers pay for an appraisal to determine the home's value and ensure it supports the loan.

Tax professionals use annual assessments (which differ slightly from an appraisal) to determine land values for taxes.

Property Records and Market Value

Often, fair market value (FMV) is determined by examining recent sales in the local area. Using comparable homes and adjusting for missing or extra items can help an appraiser or assessor determine the correct market value. These values are readily available in property records and can show how a property has decreased or increased in value over time.

The following factors can explain the high prices in some areas of Georgia:

  • Land Use and Zoning - Restrictions and zoning regulations can positively or negatively impact property values in some areas.
  • Infrastructure and Amenities - Access to amenities such as shopping centers and infrastructure such as major highways can result in higher property values.
  • Economic Growth - Places with diverse economies, access to job opportunities, and stable housing can experience higher property values.
  • School Districts - The quality and reputation of school districts may increase property values, especially in areas with family-based communities.

Privacy and Property Records

Privacy and Property Records

Since property records are public, they will have information on them about the current and past owners. The question is how much information is exposed in public property records. It depends on the source and the original document.

Accessing Public Property Records

Anyone can access public property records without a reason. You have the right to request copies of any public records, including property records. You can access them online or visit in person. You must pay for copies if you get them from an official government office.

How Do I Protect My Personal Information in Property Records?

You cannot remove all your personal information from property records. It's your responsibility to make sure nothing about you is out there that you don't want. You can contact the sources of property records and ask them to remove sensitive information like your email address or phone number. Your name and address will remain. Some information can be blocked out, and some cannot.

Maintaining and Amending Property Records

It is crucial to update property records and keep them current as things change. You are responsible for maintaining your property records and must contact the proper agency to fix or update them as needed.

Correcting Errors on Property Records

If you find errors on your property records, you can visit the Superior Court clerk's office and request that they fix them. You will have to provide proof/documentation of the error.

Amending Property Records for Legal Changes

Amending property records for legal changes is also imperative. For example, property records need to be updated when someone dies. A new deed will be necessary for the new owner. To be legal, it must be filed with the Superior Court clerk.

How to change the name on Property records in Georgia

If you get married or divorced, you will also want to change your name on your deed. You can do so by visiting the Superior Court clerk's office. Bring your marriage certificate or divorce decree to prove the name change.

What Should I Consider When Buying a Property Using Property Records?

When buying property in Georgia, you must consider many things. Property records can inform you of the taxes, value, recent renovations (building permits), size, amenities, liens, bankruptcies, and more. The best place to find property records on the fly is PropertyChecker. For quick and easy access, try searching for FREE.

Georgia County Property Records

Georgia Property Records Search

Georgia Property Records Search