DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Title in a Minute with Shawn Tidwell

State Library

Georgia

Mechanics' liens, recording formalities, future advances, subdivision rules, title premiums and recording taxes in Georgia, in plain English with statute cites. Last researched Oct 2026.

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Title in a Minute · www.titleinaminute.com/library/states/georgia · Printed reference copy.

DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Key quirkA lien can be disregarded if no notice of commencement of lien action is filed within 395 days.

Georgia at a Glance

Topic Georgia answer Where it comes from
Mechanics' lien filing deadline 90 days after the claimant's last work or materials O.C.G.A. § 44-14-361.1(a)(2)
Notice of filing to owner Copy sent within 2 business days of filing O.C.G.A. § 44-14-361.1(a)(2)
Lien enforcement suit Within 365 days of filing the claim of lien, plus a notice of commencement of lien action within 30 days after suit O.C.G.A. § 44-14-361.1(a)(3)
Self-expiring liens A lien can be disregarded if no notice of commencement of lien action is filed within 395 days O.C.G.A. § 44-14-367
Bond to discharge a lien Double the claim; 1x the claim if the lien is on the owner's home (domicile) O.C.G.A. § 44-14-364(a)
Lien waivers Statutory forms only. Since Jan. 1, 2021 they waive only lien and bond rights, and an affidavit of nonpayment must be filed within 90 days O.C.G.A. § 44-14-366 (SB 315, 2020)
Deed execution Signed by the maker, attested by an official witness (usually a notary), plus one unofficial witness O.C.G.A. §§ 44-5-30, 44-14-61, 44-2-15
Remote online notarization Not authorized for Georgia notaries as of this research. The 2026 bill stalled. SB 8 (2025-26 session) status
Deed transfer tax $1 per $1,000 (0.1%) of consideration, net of liens that stay on the property; seller pays by custom; PT-61 required; no local add-ons O.C.G.A. §§ 48-6-1, 48-6-4
Mortgage/indebtedness tax Intangible recording tax $1.50 per $500 ($3 per $1,000) on notes with any principal due more than 62 months out (since July 1, 2025); $25,000 cap per note; credit lines taxed on the maximum O.C.G.A. §§ 48-6-60, 48-6-61; Ga. Comp. R. & Regs. 560-11-8
Open-end ("dragnet") clauses Valid. Limited to contract debts between the original parties O.C.G.A. § 44-14-1
Plat recording Electronic only, with a statewide format and surveyor certification O.C.G.A. § 15-6-67
Title premium regulation Not promulgated, and no prior-approval rate filing. The insurer sets rates, and they must be charged exactly as fixed and published O.C.G.A. §§ 33-9-3(a)(6), 33-6-5(6)(B)(i)
Who closes A Georgia-licensed attorney must prepare deeds and facilitate their execution In re UPL Advisory Op. 2003-2, 277 Ga. 472 (2003)

1. Mechanics' Lien Rules

Plain English

When contractors, subcontractors, suppliers, and certain design professionals improve real estate and don't get paid, Georgia lets them file a lien against the property. These are called "mechanics' liens" or "materialman's liens." The catch for title work is that a lien can exist before anyone files it. A supplier who delivered lumber last month can still file a lien weeks after your closing. That's why Georgia closings rely on owner's and contractor's affidavits. Georgia courts construe lien statutes strictly against the claimant. If a claimant misses a deadline or a required step, the lien usually fails.

Key Rules

Who can claim. Mechanics, contractors, subcontractors, materialmen, machinists, manufacturers, registered architects, registered foresters, registered land surveyors, registered professional engineers, and, for work on or after May 10, 2021, registered interior designers (HB 480). See the claim form in § 44-14-361.1(a)(2) and the categories in § 44-14-361(a).

  • The owner must have contracted, directly or through a chain, for the improvement. With no contract connection to the owner, there is no enforceable lien (Ben Hill Ready Mix Concrete Co. v. Prather, 160 Ga. App. 149 (1981)).
  • All liens combined cannot exceed the contract price of the improvement (§ 44-14-361.1(e)).
  • A lien cannot include anticipated or lost profits (Massey v. Duke Builders, Inc., 310 Ga. 153 (2020)). It can be amended at any time to reduce the amount (§ 44-14-361.1(a.1)).

Notice of Commencement (NOC) (§ 44-14-361.5(b)). The owner, the owner's agent, or the contractor files it with the Clerk of Superior Court no later than 15 days after the contractor physically starts work, and posts a copy on the job site. Required contents:

  1. Contractor's name, address, and phone number
  2. Project name and location, plus the legal description
  3. Name and address of the true owner
  4. The person at whose request the work is done, if not the owner
  5. The surety on any payment or performance bonds
  6. The construction lender, if any

If no NOC is filed, the "notice to contractor" requirement below does not apply (§ 44-14-361.5(d)). A materially defective NOC is treated the same as no NOC: for example, a street address with no legal description, the wrong owner name, or a missing lender. See GE v. North Point Ministries, Inc., 289 Ga. App. 382 (2008), and Capitol Materials, Inc. v. JLB Buckhead, LLC, 337 Ga. App. 848 (2016). An NOC is not a cloud on title and does not affect the priority of any loan or its future advances (§ 44-14-361.5(d)).

Notice to Contractor (Georgia's preliminary notice for parties with no contract with the general contractor) (§ 44-14-361.5(a), (c)). A sub-subcontractor or supplier who has no contract with the general contractor must send this notice when an NOC has been filed. The deadline is 30 days after the NOC is filed or 30 days after first delivering labor or materials, whichever is later. It goes to the owner (or the owner's agent) and to the contractor by registered or certified mail or statutory overnight delivery. Miss it and the lien fails.

Preliminary Notice of Lien Rights (optional) (§ 44-14-361.3). A potential claimant may file this within 30 days after delivering labor or materials, then send a copy within 7 days. It is not a prerequisite to a lien (§ 44-14-361.3(d)). It does matter to title, though: if a preliminary notice is of record at settlement, the owner's sworn statement will not dissolve that claimant's lien (§ 44-14-361.2(a)(2)(B)). Clerks keep these notices, and NOCs, in a separate index from the regular deed records (§§ 44-14-361.3(c), 44-14-361.5(e)).

Claim of Lien: the 90-day deadline (§ 44-14-361.1(a)(2)). The claim must be filed with the Clerk of Superior Court in the county where the property sits within 90 days after the work is completed or the materials are furnished.

  • It must state the amount and the date the claim became due (the last day of work). If the lien doesn't specify both, it is not notice for any purpose (§ 44-14-364(c)).
  • It must include both of the following, or it is invalid:
    1. the 395-day expiration statement, in at least 12-point bold font (§ 44-14-367); and
    2. a notice to the owner of the owner's right to contest the lien.
  • The deadline is strict. A filing period that ends on a weekend is not extended (U.S. Filter Distribution Group, Inc. v. Barnett, 273 Ga. 254 (2000), affirming 241 Ga. App. 759 (1999)).

Notice of filing (§ 44-14-361.1(a)(2)). Within 2 business days after filing, the claimant must send a true copy of the claim of lien to the owner by registered or certified mail or statutory overnight delivery.

  • If the owner is an entity on file with the Secretary of State, sending it to the entity's address or registered agent is enough.
  • If an NOC was filed, a copy also goes to the contractor at the NOC address.
  • Fax does not count (Phillips, Inc. v. Historic Props. of Am., 260 Ga. App. 886 (2003)).

Enforcement (§ 44-14-361.1(a)(3)). The claimant must:

  1. start a lien action within 365 days after filing the claim of lien; and
  2. within 30 days after starting the action, file a sworn Notice of Commencement of Lien Action with the clerk where the lien is recorded. No separate lis pendens is needed.

Missing the notice makes the lien unenforceable. See Cook Sales v. Concrete Enterprises, 356 Ga. App. 899 (2020), where the notice was filed 110 days after suit. Older cases apply an earlier 14-day version of the rule (Kendall Supply, Inc. v. Pearson Communities, Inc., 285 Ga. App. 863 (2007)). If the contractor absconds, dies, files bankruptcy, or has a pay-when-paid clause, the claimant can proceed in rem directly against the owner's property (§ 44-14-361.1(a)(4)).

The 395-day rule (§ 44-14-367). If no notice of commencement of lien action is filed within 395 days after the claim of lien was filed, the lien may be disregarded. No release is required.

Notice of Contest (§ 44-14-368). The owner or contractor (or their agent or attorney) can shorten the claimant's time by recording a Notice of Contest of Lien and sending it within 7 days. The claimant then has 60 days from receipt to start a lien action. The lien is extinguished by law 90 days after the notice of contest is filed if no notice of commencement of lien action is filed in that time.

Lien waivers and the statutory forms (the 2021 amendments) (§ 44-14-366, rewritten by SB 315, Ga. L. 2020, effective Jan. 1, 2021, with a minor 2021 amendment effective July 1, 2021):

  • No advance waivers. Lien and bond rights cannot be waived before the labor or materials are furnished (§ 44-14-366(b)).
  • Only the statutory forms work. There are two: the Interim Waiver and Release of Lien and Payment Bond Rights Upon Interim Payment and the Waiver and Release of Lien and Payment Bond Rights Upon Final Payment. They must substantially follow the statutory language, in at least 12-point font. Bold capitals are no longer required. The statutory NOTICE paragraph must appear on the face of the form, or it is invalid.
  • 2021 change #1: scope. Waivers now release only lien and payment-bond rights, not contract claims (§ 44-14-366(a)). This legislatively reversed ALA Construction Services, LLC v. Controlled Access, Inc., 351 Ga. App. 841 (2019).
  • 2021 change #2: timing. A waiver becomes conclusive at the earliest of three events:
    1. actual receipt of the payment;
    2. a separate written acknowledgment of payment; or
    3. 90 days after it is signed (previously 60), unless the claimant files an Affidavit of Nonpayment in the county within that period and sends a copy to the owner within 7 days. If the claimant has no contract with the owner and an NOC exists, a copy also goes to the contractor.
  • 2021 change #3: only the affidavit works. Filing a claim of lien no longer undoes a waiver. Only an affidavit of nonpayment does.
  • Interim waivers and priority. After an interim payment, the claimant's remaining lien priority, except as to retainage, runs from the day after the "through" date in the waiver (§ 44-14-366(d)).
  • Some agreements still work outside the forms: subordination agreements, waivers given to settle a bona fide dispute about work already done, and lien cancellations (§ 44-14-366(f)).

Bonding off a lien (§ 44-14-364). Before or after foreclosure, the owner or the contractor can discharge a filed lien by posting a bond the clerk approves. The bond can be a surety bond or cash.

  • Amount: double the amount claimed. If the lien is on the owner's domicile (home), the bond equals the amount claimed.
  • The clerk may rely on the amount stated in the lien (§ 44-14-364(c)).
  • The bond stands in place of the land. The claimant must still perfect the lien by suing within the deadline (Few v. Capitol Materials, Inc., 274 Ga. 784 (2002)).
  • Notice of the bond (§ 44-14-364(b)). Within 7 days of filing the bond, the filer must send notice and a copy of the bond to the lien claimant by registered or certified mail or statutory overnight delivery. Failing to send it does not invalidate the bond.

Priority.

  • Against most liens: mechanics' liens are superior to all other liens except taxes, laborers' general and special liens, a landlord's distress-warrant lien, purchase money owed to bond-for-title holders, and general liens the claimant had actual notice of before doing the work (§ 44-14-361.1(c)).
  • Between lien claimants: liens rank by filing date, but all liens filed within 90 days after the work are treated as having the same date (§ 44-14-361.1(b)).
  • Against security deeds:
    • The lien is inchoate (exists but is unrecorded) from the time work starts or materials are delivered (Picklesimer v. Smith, 164 Ga. 600 (1927)).
    • A lender who takes and records a security deed without actual notice of the claim, before the claim of lien is recorded, takes ahead of the lien (Picklesimer; Georgia State Savings Ass'n v. Wilson, 189 Ga. 21 (1939)).
    • A lender with actual notice takes subject to a lien that is later timely perfected (Gamble v. Pilcher, 242 Ga. 556 (1978)).
    • A claim of lien recorded before the security deed is senior (Georgia Primary Bank v. Atlanta Paving, Inc., 309 Ga. App. 851 (2011), citing § 44-2-2).

Dissolving inchoate liens with a sworn statement (§ 44-14-361.2). Unrecorded lien rights are dissolved if the owner, a purchaser, or a lender obtains a sworn written statement from the contractor, or from the owner in a bona fide sale or loan. The statement must say the agreed price or reasonable value has been paid or waived. It must be given as part of a sale, a loan, or a final disbursement. And it works only if no valid preliminary notice or claim of lien was of record at settlement.

Practice Points

  1. Search the right indexes. Search the regular lien index and the clerk's separate index of NOCs and preliminary notices (§§ 44-14-361.3(c), 44-14-361.5(e)). A recorded preliminary notice defeats the affidavit protection of § 44-14-361.2.
  2. Owner's affidavit language matters. It must say the work has been paid. "Has been or will be paid" did not dissolve a lien in Georgia Primary Bank, 309 Ga. App. 851. Courts read § 44-14-361.2 to call for a single final affidavit covering all work, not periodic partial ones (CC & B Indus., Inc. v. Stroud, 198 Ga. App. 658 (1991)).
  3. Recent work means extra diligence. Treat any improvement work within roughly the last 90 days as a live lien risk. Get the contractor's affidavit and final statutory waivers from the major subs and suppliers, and confirm the waivers are on the post-2021 forms.
  4. Bonded liens. Once the clerk approves a bond under § 44-14-364, the real estate is discharged. Confirm the bond amount: 2x, or 1x for a domicile.
  5. Notice of Contest. It can shorten the lien's life when a closing is waiting on it.

Citations

2. Execution and Notarization Requirements for Recording

Plain English

Georgia is a two-witness state. A deed or security deed must be signed in front of two people:

  1. an official witness, almost always a notary; and
  2. an unofficial witness, any other disinterested adult.

Both must actually watch the signing and sign the document. If either witness is missing on the face of a recorded deed, the deed is valid between the parties but does not give notice to the world. A bankruptcy trustee or a later buyer can beat it. Georgia also requires a Georgia-licensed attorney to handle deed execution at closings.

Key Rules

Deeds (§ 44-5-30). A deed to land must be an original, in writing, signed by the maker, attested by an officer under § 44-2-15, and attested by one other witness, delivered, and supported by consideration. The current wording took effect July 1, 2015 (HB 322). Electronic documents filed under Georgia's e-recording laws are excepted from the "original document" requirement.

Security deeds (§ 44-14-61). Same rule: signed by the maker, attested by an officer under § 44-2-15, and attested by one other witness (also from 2015, HB 322).

Who can be the official witness (§ 44-2-15): a judge of a court of record (including a municipal court), a magistrate, a notary public, or a clerk or deputy clerk of a superior court or certain city courts. Only notaries and judges of courts of record may attest outside their own county.

Signed outside Georgia (§ 44-2-21). An instrument signed outside Georgia may be attested by or acknowledged before:

  • a U.S. consul or vice-consul;
  • a judge, with the clerk's certificate;
  • a clerk of a court of record, under the court's seal; or
  • a notary or justice of the peace with a seal.

A deed to realty still needs two witnesses, and one of them may be the official.

Notary seal and conduct. Georgia notaries are governed by O.C.G.A. Title 45, Chapter 17. A missing notary seal has made a security deed unrecordable (Kelley v. Thomasville Nat'l Bank (In re Taylor), Bankr. M.D. Ga. 2016, citing § 45-17-6). A witness with a financial interest in the deed is disqualified (Hoover v. Mobley, 198 Ga. 68 (1944)).

What happens with a defective deed:

  • Defect visible on the face (for example, no unofficial witness signature): the deed is not entitled to record and gives no constructive notice. See U.S. Bank Nat'l Ass'n v. Gordon, 289 Ga. 12 (2011); Wells Fargo Bank, N.A. v. Gordon, 292 Ga. 474 (2013); and WW3 Ventures v. Bank of N.Y. Mellon, 370 Ga. App. 160 (2023). In WW3 Ventures, a recorded assignment that referred to the defective deed still gave inquiry notice.
  • Hidden (latent) defect on a deed that looks proper on its face: once recorded, it gives constructive notice, absent fraud (Leeds Bldg. Prods. v. Sears Mortg. Corp., 267 Ga. 300 (1996)).
  • The cure for a missing official witness: a deed not attested by an officer named in § 44-2-15 may be recorded on the affidavit of a subscribing witness, made before such an officer (§ 44-2-18). The General Assembly revised § 44-2-18 in 2023 (HB 182, effective May 4, 2023) in response to Pingora Loan Servicing, LLC v. Scarver, 30 F.4th 1086 (11th Cir. 2022).

Acknowledgment forms. Georgia deed practice uses an attestation block ("Signed, sealed and delivered in the presence of: ____ Unofficial Witness / ____ Notary Public") rather than a separate acknowledgment certificate. § 44-2-14(a) allows recording if the instrument is "attested or acknowledged as provided by law," but any additional witness the law requires is still required. Confirm against current underwriter forms.

Remote online notarization (RON). As of this research, Georgia has not enacted RON for Georgia notaries. SB 8 (2025-26 session) was rewritten into a RON bill. It would have:

  • authorized remote online notaries;
  • allowed remote or electronic witnessing of real estate documents (new § 44-2-31); and
  • made certain real-estate unauthorized-practice-of-law violations felonies.

The House passed the substitute on March 27, 2026 (115-45). The Senate vote to agree to the House substitute failed 26-26 on April 2, 2026. Remember that Georgia's attorney-closing rule, In re UPL Advisory Opinion 2003-2, 277 Ga. 472 (2003), still applies to how deeds are executed.

Electronic recording.

  • Georgia's Uniform Real Property Electronic Recording Act (§ 44-2-35 et seq.) treats an e-document as an original. An e-signature satisfies a signature requirement, and a notarization or witness requirement is met when the electronic signature and required information are attached (§ 44-2-37).
  • HB 1292 (2024), effective Jan. 1, 2025: all self-filers must e-file real estate documents through the GSCCCA eFile portal with photo identity verification.
    • Exempt filers who may still record on paper: federally insured banks and credit unions, Georgia-licensed attorneys, mortgage lenders and servicers, licensed surveyors, licensed title insurance companies, licensed real estate brokers and salespersons, and public officials.
    • Anyone who chooses to e-file must still be ID-verified.
    • Notaries must keep a journal for acts performed for self-filers.
  • Plats must be filed electronically (§ 15-6-67(b)).

Format and cover requirements:

  • The instrument must be an original (§ 44-2-14(a)).
  • The name and mailing address of the natural person the document should be returned to must appear at the top of page 1 (§ 44-2-14(b)). Leaving it off does not by itself impair constructive notice (§ 44-2-14(c)).
  • Statewide clerk and GSCCCA practice also calls for a 3-inch blank top margin on page 1, standard letter or legal paper, and, in many counties, the tax parcel ID.

Transfer tax and PT-61:

  • Tax rate: $1.00 for the first $1,000 and 10¢ per additional $100 of consideration. The base excludes liens existing before the sale that the sale does not remove. No tax if consideration is $100 or less (§ 48-6-1).
  • The clerk may not record the deed until the tax is paid and the PT-61 Transfer Tax Declaration is filed (§ 48-6-4). The PT-61 is filed through GSCCCA's PT-61 eFiling system.
  • Under the current text of § 48-6-4(b), a deed that is in fact recorded gives constructive notice whether or not the transfer tax was paid. Higdon v. Gates, 238 Ga. 105 (1976), had held that a deed showing unpaid tax on its face gave no constructive notice; do not rely on it for that point.

Intangible recording tax:

  • Rate: $1.50 per $500 of face principal ($3 per $1,000), capped at $25,000 per note (§ 48-6-61).
  • Applies to a "long-term note secured by real estate," which since July 1, 2025 (HB 586) means any principal falls due more than 62 months after the note date. Before that, the cutoff was "more than three years" (§ 48-6-60(3)).
  • The holder presents the instrument to the collecting officer before recording and must record within 90 days of the instrument date (§ 48-6-61). The collecting officer is the Clerk of Superior Court, or in some smaller counties the tax commissioner (§ 48-6-60(1)).
  • Unpaid tax bars foreclosure and collection until it is paid with interest and a 50% penalty (§ 48-6-77).

Practice Points

  1. Look at every vesting deed and security deed in the chain for both signatures. A missing unofficial witness on a prior security deed may mean it gives no constructive notice. That cuts both ways: it may help the insured, or it may hide a risk.
  2. Out-of-state signers: confirm § 44-2-21 compliance, including the seal and the two witnesses.
  3. RON packages: escalate to underwriting. Do not assume Georgia recognition.
  4. Confirm the intangible tax maturity analysis uses 62 months for notes dated on or after July 1, 2025.

Citations

3. Securing Future Advances

Plain English

Georgia lenders use a deed to secure debt ("security deed") rather than a classic mortgage. The borrower conveys title to the lender as security until the debt is paid. Most Georgia security deeds have an "open-end" or "dragnet" clause saying the deed also secures other debts the borrower owes the lender, now or later. Georgia enforces these clauses, within limits. For title, that means paying off the loan named in the deed does not always end the deed, and a deed you thought was dead may still secure another loan.

Key Rules

Dragnet clauses are valid (Tedesco v. CDC Fed. Credit Union, 167 Ga. App. 337 (1983)). Limits:

  • Contract debts only, between the original parties (§ 44-14-1(b)). The clause reaches only debts arising ex contractu (from contracts), not ex delicto (from wrongs such as torts), between the original parties. See Willis v. Rabun County Bank, 249 Ga. 493 (1982).
  • Merged and converted banks count as "original parties" (§ 44-14-1(a); Georgia R.R. Bank & Trust Co. v. McCullough, 241 Ga. 456 (1978)). A merger after the loan cannot retroactively secure it (In re Littleton, 177 B.R. 407 (Bankr. S.D. Ga. 1995)).
  • HELOC assignees get the benefit of the security for later draws the original parties authorized (§ 44-14-1(c)).
  • Multiple grantors. One co-grantor's individual debt is generally not secured unless the deed language makes that clear (Cordele Banking Co. v. Powers, 217 Ga. 616 (1962); Hill v. Perkins, 218 Ga. 354 (1962); compare Sutton v. Atlantic Bank & Trust Co., 167 Ga. App. 861 (1983)).
  • A deed for one particular debt cannot later be stretched to cover other debts by an oral agreement (Hester v. Gairdner, 128 Ga. 531 (1907)). Covering another debt requires a new agreement, subject to recording and priority rules (Bob Parrott, Inc. v. First Palmetto Bank, 133 Ga. App. 447 (1974)).

Advances that are always secured (§ 44-14-2(a)). Whether or not the deed says so, it secures advances to pay taxes, insurance premiums, sums due on liens whose nonpayment would jeopardize the lender's position, repairs and preservation, and completion of improvements, plus collection and foreclosure expenses.

Cutting off future advances (§ 44-14-2(b)). Suppose the borrower transfers the property or "any valuable interest" in it, and the transfer is recorded. A second security deed counts as a "valuable interest" (1981 Op. Att'y Gen. No. 81-98). Once the first lender receives actual notice, later new credit is no longer secured by the open-end clause.

  • Actual notice is deemed given by certified or registered mail with a signed return receipt, or by statutory overnight delivery with a receipt.
  • Recording alone (constructive notice) is not enough. Absent actual notice, the senior deed's dragnet still primes a later advance (First Nat'l Bank v. Charuhas, 207 Ga. App. 333 (1993)).
  • The debt named in the deed and the § 44-14-2(a) protective advances remain secured (§ 44-14-2(c)).

Priority of future advances. Under the statute and Charuhas, advances made under a recorded open-end clause before the senior lender has actual notice of a recorded transfer take the deed's recorded priority. The § 44-14-2(b) certified-mail notice is the junior lender's tool to cap the senior lender's exposure. A Notice of Commencement does not affect a loan's future advances (§ 44-14-361.5(d)).

Maximum principal and revolving lines:

  • For a revolving loan account, the maximum the debtor may borrow must be stated on the face of the instrument, and "said amount shall be deemed to be notice of the maximum amount secured by the instrument" (§ 44-14-3(a)(6)(E)).
  • A revolving account is "paid in full" for cancellation purposes only when the entire balance is paid and a party has given written notice to terminate (§ 44-14-3(b)(2)).
  • Intangible tax on secured lines of credit is computed on the total credit stated on the instrument (Ga. Comp. R. & Regs. r. 560-11-8-.13). The Attorney General has opined that new debt beyond the remaining balance of the originally taxed debt is taxable (1963-65 Op. Att'y Gen. p. 654).

Duration and reversion (§ 44-14-80):

  • Record title reverts to the grantor 7 years after the debt's stated maturity.
  • If the deed affirmatively states an intent to create a perpetual or indefinite security interest, reversion occurs at the later of 7 years after maturity or 20 years after the deed date.
  • A dragnet clause plus a fixed maturity is not enough to trigger the 20-year period (Griggs v. Miller, 363 Ga. App. 82 (2022)).
  • Open-end deeds remain effective while contract debt between the original parties continuously exists (Brinson v. McMillan, 263 Ga. 802 (1994); Citizens & S. DeKalb Bank v. Hicks, 232 Ga. 244 (1974)).

Cancellation (§ 44-14-3). After payoff, the holder must furnish a cancellation to the clerk within 60 days. A grantor who makes a proper written demand can recover $500 liquidated damages plus losses and attorney's fees. If the holder doesn't respond to a certified-mail notice, subsection (c.1) lets the paying attorney or a federally insured lender record a cancellation affidavit.

Leading cases (quick list): Willis v. Rabun County Bank, 249 Ga. 493 (1982); Tedesco, 167 Ga. App. 337 (1983); Charuhas, 207 Ga. App. 333 (1993); Brinson v. McMillan, 263 Ga. 802 (1994); Griggs v. Miller, 363 Ga. App. 82 (2022); Commercial Bank v. Readd, 240 Ga. 519 (1978) (dragnet and subsequent purchasers; see 30 Mercer L. Rev. 363 (1978)).

Practice Points

  1. Payoff letters on open-end deeds should state that the payoff satisfies all debt secured by the deed and that the lender will cancel. For HELOCs, also send the written termination of the line (§ 44-14-3(b)(2)).
  2. Second-lien or junior deals: consider sending the § 44-14-2(b) certified-mail notice to the senior holder to cut off later senior advances.
  3. Old security deeds: apply § 44-14-80 reversion carefully. Check for "perpetual or indefinite" language and continuing indebtedness before treating a deed as expired.
  4. Intangible tax: confirm it was paid on the full stated credit line (§ 48-6-77 bar).

Citations

4. Subdivision Statutes and Regulations

Plain English

Georgia has no single statewide subdivision code. Counties and cities write their own subdivision and development rules. The state controls how plats get recorded and the technical standards surveyors must meet. Never confuse the two: a recorded plat is not proof the lots were legally created or can get a building permit.

Key Rules

Local power:

  • The Georgia Constitution gives counties and cities planning and zoning power (Ga. Const. art. IX, § II, para. IV).
  • Zoning decisions must follow the Zoning Procedures Law (O.C.G.A. § 36-66-1 et seq.).
  • Subdivision standards are in each local government's ordinances: lot size, road frontage, streets, utilities, stormwater, approval steps. They are typically called "Subdivision Regulations," "Development Regulations," or a "Unified Development Code/Ordinance."

The plat recording statute (O.C.G.A. § 15-6-67, the "Georgia Plat and Condominium Plan Recording Act of 2017," Ga. L. 2017, p. 484, HB 76):

  • Electronic filing only. Plats and condominium plans go to the Clerk of Superior Court electronically, per GSCCCA specifications (§ 15-6-67(b)).
  • Format: full-size image at the stated scale, with a 3-inch-square box in the upper left for the clerk (§ 15-6-67(c)(1)).
  • Required data (§ 15-6-67(c)(2)): county and city; owner per the current title instrument; type of plat; subdivision or condominium name; lots, blocks, and units; developer; land lot, district, and section; preparation and revision dates; surveyor name, address, and phone, plus the firm's certificate of authorization number; registration number; seal next to the certification; sheet numbers; and scale stated and shown graphically.
  • Surveyor certification box (§ 15-6-67(c)(3)). One of four certifications must appear:
    1. approved by all applicable local jurisdictions;
    2. approved where approval is required, with an approval table, or approval not required under a cited local ordinance or resolution;
    3. a retracement that creates no new parcel, which carries a bold statement that recording does not imply local approval, permit availability, or compliance; or
    4. the jurisdiction does not review plats.
  • Local approval (§ 15-6-67(d)). Where a city or county planning commission or governing authority has adopted subdivision or land-use regulations, no plat of a subdivision may be presented for filing without that body's approval.
  • Other provisions: retracement plats record without further local review. The clerk is held harmless for recording a nonconforming plat. A fraudulent surveyor certification is a misdemeanor.

Survey technical standards: Georgia Board of Professional Engineers and Land Surveyors rules, Ga. Comp. R. & Regs. Ch. 180-7 (plat requirements at Rule 180-7-.07).

Condominiums and associations: condominium plats and plans (§ 44-3-83; Georgia Condominium Act, § 44-3-70 et seq.); Georgia Property Owners' Association Act (§ 44-3-220 et seq.).

History worth knowing. Attorney General Unofficial Opinion 2005-5 explained that recording is notice only, "not … an indicia of legal compliance with local laws," and that local governments cannot add recording requirements beyond the statute. It also described the pre-2017 surveyor exemption certificate (no new streets, utilities, or sewer/septic). The 2017 rewrite replaced that framework with the four certifications above.

Consequences of an illegal (unapproved) subdivision for title:

  • The conveyance is generally still effective between the parties. We found no Georgia statute declaring a deed void because a lot was split without local approval.
  • Practical harms:
    • The county may refuse building or land-disturbance permits.
    • Lots may not be "lots of record."
    • Lenders and buyers may object to marketability.
    • Fixing it can require re-platting, variances, or recombination.
    • Example: in DeKalb County v. Cooper Homes, Inc. (Ga. S. Ct. No. S07A1548, Feb. 11, 2008), the county denied permits for houses on reconfigured old platted lots, and the Supreme Court refused to let the builder skip the county's administrative appeal.
  • Title insurance:
    • Zoning, subdivision, and land-use laws fall within Exclusion 1(a) of the standard ALTA policies.
    • Affirmative comfort comes through endorsements. The ALTA 26 (Subdivision) endorsement insures that the land is a lawfully created parcel under subdivision laws, and the ALTA 3-series endorsements cover zoning.

Practice Points

  1. When a legal description carves a new tract out of a larger one, ask: was a plat approved? Which jurisdiction governs, the city or unincorporated county?
  2. Read the plat's certification box. A retracement certification (iii) says on its face that recording does not mean approval.
  3. Don't treat recording as compliance (AG Unofficial Op. 2005-5).

Citations

5. Title Premium Rates

Plain English

Georgia is not a promulgated-rate state; the state does not set one rate for everyone, as Texas does. It is also not a prior-approval state. Each underwriter sets its own Georgia rates and publishes them. Under Georgia's unfair-trade-practices law, the agent must then charge exactly that published rate, no more and no less. So in practice there is no negotiating or discounting off the rate card, but rates can differ from underwriter to underwriter.

Key Rules

  • Regulator: Georgia Office of Insurance and Safety Fire Commissioner (OCI), https://oci.georgia.gov.
  • Title is exempt from Georgia's rate-regulation chapter. Chapter 9 (rate filing and approval) does not apply to title insurance (§ 33-9-3(a)(6)).
  • The exact-charge rule. Where rates are not required to be filed and approved, "the premiums and charges for insurance … shall not be in excess of or less than those specified in the policy and as fixed by the insurer" (§ 33-6-5(6)(B)(i)). Violating this is an unfair trade practice.
  • 2009 market conduct exam. After an exam of three national underwriters, the Department directed underwriters to charge their published Georgia rates. Underwriters published full residential and commercial schedules and told agents to charge them exactly (Seyfarth Shaw client alert, "No More Negotiated Title Insurance Rates in Georgia," effective June 1, 2009).
  • Classification for this curriculum: insurer-set rates, published and filed with OCI, no prior approval, charged exactly as published.
  • Older AG opinion. A 1983 Attorney General opinion said different prices to different purchasers do not by themselves violate § 33-6-5(6)(B). A violation occurs when a charge departs from the rate the insurer fixed (1983 Op. Att'y Gen. No. 83-31). Read this alongside the post-2009 practice.
  • Rebates and inducements:
    • Georgia's unfair-practices statute prohibits rebates, special favors, or inducements not specified in the policy, except as provided in an approved rating plan (§ 33-6-4(b)(8)(B)).
    • It also bars giving insurance free or below the approved or customary rate as an inducement to buy property (§ 33-6-5(1)).
    • Note: the separate anti-rebate statute, § 33-9-36, sits in Chapter 9, from which title is exempt.
  • Federal overlay (RESPA): Section 8 prohibits kickbacks and unearned fees (12 U.S.C. § 2607; Reg. X, 12 C.F.R. § 1024.14). Affiliated business arrangements require disclosure (12 C.F.R. § 1024.15).
  • Georgia closing rules that shape pricing and practice:
    • Attorney closings: only a licensed Georgia attorney may prepare a deed and facilitate its execution (In re UPL Advisory Opinion 2003-2, 277 Ga. 472 (2003)).
    • Good Funds statute (§ 44-14-13): on 1-4 family purchase and refinance loans, the settlement agent (the lender or an active State Bar member) may disburse only collected funds or listed instruments, with up to $5,000 in ordinary checks per closing. Violations carry damages of at least $1,000.
    • A lawyer may not hand closing proceeds to a title company or third-party settlement company to disburse (In re Formal Advisory Opinion 13-1, 295 Ga. 749 (2014)).

Citations

6. Recording Taxes & Fees on Deeds and Mortgages

Plain English

Georgia has two recording taxes. The transfer tax on deeds is $1 per $1,000 of price, and the seller usually pays it. The intangible recording tax on security deeds is $1.50 per $500 of the loan ($3 per $1,000), capped at $25,000 per note, and the borrower usually pays it. Two corrections to older training material: since July 1, 2025 the intangible tax applies to notes with principal due more than 62 months out, not "3 years" (HB 586); and HB 586 did not change the multistate apportionment rules, which come from § 48-6-69 and DOR Rule 560-11-8-.07. Recording fees are a flat $25 per instrument.

Key Rules

(a) Deed transfer, conveyance or excise tax

  • Rate. $1.00 for the first $1,000 or fraction, plus 10 cents for each additional $100 or fraction (0.1%), on the consideration or value of the interest conveyed (§ 48-6-1).
  • Base excludes surviving liens. Liens or encumbrances that existed before the sale and are not removed by it are excluded. A new purchase-money loan does not reduce the base.
  • Who pays. The tax is collected by the clerk at recording. By custom the seller pays; the purchase contract controls.
  • PT-61. A Real Estate Transfer Tax Declaration (PT-61) must be filed electronically through GSCCCA before the deed is recorded (§ 48-6-4).
  • No local add-ons, mansion tax or entity-transfer tax. The tax applies to recorded instruments; a sale of LLC or partnership interests is not taxed under § 48-6-1.
  • Exemptions are listed in § 48-6-2 (for example, deeds to secure debt, gifts, and certain government and family transfers).

(b) Mortgage, indebtedness or intangible tax

  • Rate and cap. $1.50 per $500 or fraction of the face amount of the note ($3 per $1,000), with a maximum of $25,000 per note (§ 48-6-61). The cap is reached at about $8.33 million.
  • Only long-term notes. HB 586 (2025 Ga. Laws Act 77, signed May 9, 2025, effective July 1, 2025) redefined a long-term note in § 48-6-60(3) as one with any principal due more than 62 months from the date of the note, repealed the short-term-note paragraph (4), and conformed §§ 48-6-66 and 48-6-68.
  • Common mix-up. HB 586 is the 62-month bill. It did not change the multistate apportionment rule.
  • Multistate apportionment (§ 48-6-69(b); Rule 560-11-8-.07). A nonresident holder pays only on the share of the note that the value of the Georgia property bears to the value of all property securing it, using values certified under oath; the $25,000 cap is applied after apportioning. A resident holder pays as if all the collateral were in Georgia.
  • Several Georgia counties (§ 48-6-69(a); Rule 560-11-8-.08). The total tax is prorated among the counties by the value of the property in each, using values shown on the instrument or in a sworn affidavit, and each county's share is paid where the instrument is recorded in that county.
  • Timing. The instrument should be recorded within 90 days of its date (Rule 560-11-8-.02). Under § 48-6-77 a holder that has not paid the tax cannot collect the debt by suit, foreclosure or power of sale until it pays the tax, with interest and a 50% penalty.
  • Credit lines and future advances. A revolving line is taxed on the full maximum line at recording, with no further tax for advances within that maximum (Rule 560-11-8-.13). An additional advance beyond the original note is taxed when made, on an affidavit (Rule 560-11-8-.06). A wraparound note is taxed on its full face (Rule 560-11-8-.09).
  • Modifications and refinances. Modifications, extensions, renewals and assignments of a note that was already taxed are not taxed again, except on new principal (Rule 560-11-8-.04). A refinance is exempt only between the original lender and the original borrower, only on the unpaid principal of the taxed note, and only with the required statement or affidavit (Rule 560-11-8-.05). A new-lender refinance pays full tax.
  • Exemptions (Rule 560-11-8-.14): for example, government lenders, credit unions, churches, additional security for an already-taxed note, and corrective instruments.
  • Protest and refund. SB 141 (2025) added a procedure for paying under protest and claiming a refund within 45 days.

(c) Other recording taxes and fees

  • Flat recording fee. $25 per real estate instrument, regardless of pages; each instrument cancelled or assigned in one document counts as a separate $25. Plats are $10 per page (§ 15-6-77(f), HB 288, effective Jan. 1, 2020).
  • Self-filers must e-file with ID verification (HB 1292, 2024), as covered in section 2.

Practice Points

  1. Check the maturity first. Principal due more than 62 months out means intangible tax; 62 months or less means none. Closing software built on the old 3-year rule will over-collect on 4- and 5-year notes.
  2. Worked example. A $400,000 purchase with a $320,000, 30-year loan: transfer tax $400; intangible tax $960. A $12,000,000 note hits the $25,000 cap.
  3. Credit lines: tax the full face of the line at recording.
  4. Refinances: new lender, full tax. Same lender and same borrower, tax only on new money, and only with the Rule .05 affidavit.
  5. Multistate loans: get the sworn value certification before closing so the clerk can apportion.

Citations

  • O.C.G.A. § 48-6-1 (transfer tax): https://law.justia.com/codes/georgia/title-48/chapter-6/article-1/section-48-6-1/
  • O.C.G.A. § 48-6-4 (PT-61)
  • O.C.G.A. § 48-6-2 (transfer tax exemptions)
  • O.C.G.A. §§ 48-6-60, 48-6-61, 48-6-69, 48-6-77 (intangible recording tax)
  • HB 586 (2025 Ga. Laws Act 77), effective July 1, 2025
  • Ga. Comp. R. & Regs. 560-11-8-.02, -.04, -.05, -.06, -.07, -.08, -.09, -.13, -.14
  • O.C.G.A. § 15-6-77(f) (recording fees, HB 288)
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