How to Access Property Records in Georgia

What Information Can You Find in Georgia Property Records?

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

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

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 deeds. 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: warranty, limited warranty, special warranty, builder's, and quitclaim. 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 or spousal deed.

Property Tax Records

If you owe property in Georgia, you must pay annual taxes on it. Property taxes in Georgia include 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 include 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 by examining it physically 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 the property owner a notice showing the fair market value, assessed value, tax rates, exemptions, and tax owed 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.

Property Liens and Encumbrances in Georgia

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.

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

Voluntary Liens

Voluntary liens are those over which you have control. For example, when you use your house as collateral when you take out a loan, you allow the lender to put a lien on the property until the loan is paid off. Even though they are voluntary, they can lead to foreclosure and the loss of your home.

• 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:

  • 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 each party's responsibilities and rights. They differ depending on the type of agreement and, in some cases, the lender. Responsibilities are legal obligations that both parties must follow.
  • Property Description - A property description is necessary for the land under the mortgage. It usually 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.

Involuntary Liens

Involuntary liens are those over which you have no control. They are imposed because of a debt you owe. There are three types of involuntary liens. They are as follows:

• Mechanic's Liens - A mechanic's lien is a legal claim against a property for materials or unpaid labor on the home. Contractors, subcontractors, landscapers, architects, and laborers usually file these types of 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.
• Judgment Liens - Other creditors can file a judgment lien against a homeowner who doesn't pay their debts. These issues end up in court, and a judge gives the creditor the right to file the lien and eventually foreclose to collect their money.

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 proper 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.

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.

Property Descriptions and Boundaries in Georgia

Another crucial aspect of property records is the legal property description. This information can be found on deeds, mortgages, liens, property taxes, and other records. The property description comes from the county property manager, which 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 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.

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

Foreclosures

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 is not required to file a lawsuit to initiate foreclosure activities.