|Title Examinations, Opinions & Insurance
Investment in property can be a wise investment but should never be done without first obtaining satisfactory evidence as to the title to the property. Our real estate department regularly conducts title examinations. We have in-house abstractors and also contract with independent contractors to allow us to cover a greater geographical area to best meet our clients’ needs. Our attorneys can certify as to the title to real property, and we also are agents for several national title insurance and can issue owners’ and lenders’ title insurance policies.
In Georgia, different laws surround title than in some other states. For instance, in Georgia, husband and wife are not required to join in the execution o f a deed. Secondly, a lender takes a security deed rather than a mortgage – this passes title rather than only providing the lender a lien on the property. Title to property owned by a person at his or her death is treated differently in Georgia than some other states. In Georgia, a year’s support, which may include real estate, may be awarded to a surviving spouse and minor children. And where a will exists, title vests in an executor until he/she makes an assent to the devise. There are other peculiarities to titles in Georgia, and there are many laws and considerations that come into play in examining title to real property, and a lawyer should be engaged to examine and report the status of such.
Title to real property is a fundamental aspect of real estate law. In our practice, we see title issues arise constantly. We are experienced in researching and reporting titles, as well as in resolving title issues.