Georgia Title Standards
Table of Contents
PREFACECHAPTER 1 - THE TITLE EXAMINER
1.1 Examining Attorney’s Attitude
1.2 Prior Examination
1.3 Reference to Title Standards in Sales ContractCHAPTER 2 - USE OF THE RECORD
2.1 Period of Search
2.2 Extent of Search
2.3 Instruments by Strangers to the Record Chain of Title
2.4 Record of Expired Leases
2.5 Record of Expired Contract or Options
2.6 Age of InstrumentsCHAPTER 3 - NAME VARIANCES
3.1 Rule of Idem Sonans
3.2 Use or Nonuse of Middle Names or Initials
3.3 Abbreviations, Derivatives, and Nicknames
3.4 Recitals
3.5 Effect of Suffix
3.6 Variance Between Signature and Name in Body of Deed
3.7 Name Changes
3.8 Variance in Name of Wife
3.9 Variance in Indication of Sex
3.10 Correct Name of Grantee.
3.11 Correcting Designation of Plat
3.12 Indexing Notation
3.13 Name Variances for Corporations and PartnershipsCHAPTER 4 - EXECUTION, ATTESTATION, ACKNOWLEDGMENT AND RECORDING
4.1 Date Omissions and Inconsistencies
4.2 Delivery Delay in Recordation
4.3 Georgia State Transfer Tax
4.4 Internal Revenue Service Real Estate Reporting
4.5 Requirements For Recording a Deed in Georgia
4.6 Constructive Notice of Security Deeds
4.7 Actual and Constructive NoticeCHAPTER 5 - DESCRIPTIONS
5.1 When Defective Descriptions Do Not Impair MarketabilityCHAPTER 6 - AFFIDAVITS AND RECITALS
6.1 Affidavits in General
6.2 Recitals
6.3 Affidavits of Possession
6.4 Affidavits of Descent
6.5 Scrivener’s AffidavitsCHAPTER 7 - CO-TENANCIES
7.1 Conveyances by Co-tenants
7.2 Conveyances by Survivor of Joint Tenancy with Right of Survivorship, or Surviving Grantee in Survivorship Deed
7.3 Recitals as to Percentage of Interest Being ConveyedCHAPTER 8 - TRANSFERS AND AGENTS
8.1 Effect of Designation ‘’Trustee, ’’ ‘’Agent, ’’ ‘’Nominee, ’’ or ‘’Custodian’’
8.2 Termination of Trust
8.3 Deeds Executed in Representative Capacity
8.4 Formality Necessary to Create or Exercise an Agency
8.5 Power of AttorneyCHAPTER 9 - INSTRUMENTS EXECUTED BY CORPORATIONS
9.1 Name Omitted from Signature
9.2 Authority of Officer to Execute Instruments
9.3 Evidence of Corporate Authority
9.4 Corporate Existence
9.5 Foreign Corporations
9.6 Transfer or Satisfaction of a Security Deed by a Corporate Grantee
9.7 Other Useful Provisions of the Georgia Business Corporation Code
9.8 Alien CorporationsCHAPTER 10 - CONVEYANCES INVOLVING LIMITED PARTNERSHIPS
10.1 Governing Law
10.2 Authority
10.3 Conveyancing by Limited Partnerships
10.4 Foreign Limited Partnerships and Foreign General Partners
10.5 Mergers
10.6 Limited Liability Limited PartnershipCHAPTER 11 - CONVEYANCES INVOLVING GENERAL PARTNERSHIPS
11.1 General; Authority; Execution
11.2 Statements of Partnership
11.3 Vesting of Property of Dissolved Partnerships
11.4 Conveyances of Real Property Prior to UPA Held in Partnership Name
11.5 Conveyances of Real Property Subsequent to UPA Held in Name of Partnership Formed Prior to UPACHAPTER 12 - CONVEYANCES INVOLVING LIMITED LIABILITY COMPANIES
12.1 General Authority
12.2 Recorded Copies of Articles of Organization
12.3 Mergers
12.4 Terminated Limited Liability Companies
12.5 Foreign Limited Liability Companies
CHAPTER 13 - TITLE THROUGH DECEDENTS’ ESTATES
13.1 Judgments Against Heirs or Devisees
13.2 Surviving Widow, Widower or Minor Children
13.3 No Will, No Administration, Death Within Twelve Months
13.4 No Will, No Administration, Death From One to Three Years Past
13.5 No Will, No Administration, Death More Than Three Years Past
13.6 No Will, Administration Pending on Estate — Sale by Administrator
13.7 No Will, Administration Pending on Estate-Sale by Heirs at Law with Disclaimer by Administrator
13.8 No Will, But Administrator Discharged Prior to Sale
13.9 Will Probated in Solemn Form Authorizes Sale — Executor Qualified Within Past Six Months
13.10 Will Probated in Solemn form Does Not Authorize Sale — Executor Qualified Within Past Six Months
13.11 Will Probated in Solemn Form Authorizes Sale — Executor Qualified More Than Six Months — No Assent to Devise
13.12 Will Probated in Solemn Form Authorizes Sale — Executor Qualified More than Six Months — Deed From Executor and All Devisees
13.13 Will Probated in solemn Form Does Not Authorize Sale — Executor Qualified For More than Six Months
13.14 Will Probated in Common FormCHAPTER 14 - DEEDS TO SECURE DEBT (SECURITY DEEDS)
14.1 Security Deed Recorded Prior to Deed by Which Ownership Acquired
14.2 Deed from Owner to Holder of Security Deed
14.3 Satisfaction of Assignment of Rents
14.4 Releases Corrective or Re-recorded Security Deed
14.5 Reference to Unrecorded Security Deed
14.6 Reversion of Property Conveyed to Secure Debt
14.7 Satisfaction of Deeds to Secure Debt
14.8 Failure to Pay Intangible Recording Tax
14.9 Waiver of Borrower’s RightsCHAPTER 15 - MECHANICS’ AND MATERIALMEN’S LIENS
15.1 Scope of Search
15.2 Inchoate Nature of Lien Right
15.3 Priority of Mechanics’ and Materialmen’s Liens
15.4 Recitals of Ownership
15.5 No Release of Lien Necessary
15.6 Bond to Discharge Lien
15.7 Preliminary Notice of Liens
15.8 Satisfaction of a Mechanics’ and Materialmen’s Lien
15.9 Affidavits to Dissolve Mechanics’ and Materialmen’s Lien RightsCHAPTER 16 - MISCELLANEOUS
16.1 Failure to Release Notice of Lis Pendens
16.2 Quitclaim, Limited Warranty, Executor’s and Administrator’s Deeds
16.3 Judgments and Executions
16.4 Dormancy of Judgments
16.5 Cancellation of General Execution Docket Recordings
16.6 Liens Arising from the Uniform Commercial Code
16.7 Methods of Canceling UCC Financing Statements and Notice FilingsCHAPTER 17 - FORECLOSURES
17.1 Foreclosure in General
17.2 Deed Under Power of Sale
17.3 Effect of Foreclosure Sale
17.4 Federal Tax Liens
17.5 Other Governmental Liens and Interests
17.6 Deed in Lieu of Foreclosure
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