Atlanta Buckhead Midtown -
Property Deed or Title -
Whether you are in Atlanta Buckhead Midtown Westside or even outside the State of Georgia in one of the other 49 states, to purchase property you need to be sure the person selling it to you has the right to sell the property. That right is substantiated by the research which affirms the Seller's legal right to convey Title to another person or entity. Title investigation proves that the person doing the conveyance has complete authority and rights to sign the Deed to the property. Or maybe Seller doesn't ...
Once that right is confirmed, a DEED is produced and signed. Once the Deed is signed, it goes to be recorded. For real property, your ownership is recorded in the public records -- in each County's Courthouse in Georgia -- so one's ownership is not effected if you don't remember where that piece of paper is hiding!
Let's look at steps to produce a TITLE to a property.
A CLEAN TITLE is the basis for a Deed. To produce a CLEAN TITLE, local public records must be searched. The Title Search requires going back along the CHAIN OF TITLE to be sure the Seller has the right to sell.
So, while anyone may go to the Courthouse and search, a search requires strict attention to detail as you look in every possible place in legal records labyrinth. It requires knowing each and every place to look to be sure you have uncovered any liens, mortgages, assignments and releases to name a few of the many impediments to a sale. A CLEAN TITLE is the basis for a Deed.
NOTE: A real property TITLE is different to a Car Title. With a Car Title, one
may need the paper to sell or need to apply for a duplicate in order to sell a car.
Most Title Searches do not need to go back to the eighteeth century. Check with your Mortgage professional about how many years back your chosen property research must go. Then be sure the CHAIN OF OWNERSHIP is exactly right. That means the each name LINKS to the name before as each link in a CHAIN is interconnected. (See Part 2.)
Example of a Title "chain" - names & prices redacted - from our first home in Atlanta.
From Lynn to Jim & Carolyn then from
Jim & Carolyn to Mark & Christina
If the names don't link, then there is an issue that requires more research. Or perhaps a data entry error from the property records ...
DEEDS COME IN DIFFERENT "FLAVORS"
In the example above, our sale to Jim & Carolyn was by means of a Deed (Reg.) or also known as a Warranty Deed. However, Jim & Carolyn's sale to Mark & Christina was conveyed by a Limited Warranty Deed. That type of Deed states the limitations of the sale -- it has some complication attached. Other kinds of Deeds are Quitclaim Deeds, Grant Deeds, Executor's Deeds or even a Bargain and Sale Deed.
Now you know the difference -- the Title proves who has the right to sell and that right is recorded on a Deed for the Buyer.
Contact us when you want a Title including your name - by buying a new home!
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The image above is the Land Grant to Thomas Jefferson in the year 1780, both signed and sealed to attest to its accuracy. Title for the land was "clean" and so the land could be sold. Jefferson Deed courtesy of the Virginia Land and Property Genealogy
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