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Home/Practice Areas/Real Estate/Title Review & Closing

Title review that finds problems before they become your problem.

A clear title is the foundation of any real estate transaction. Hidden liens, ownership defects, and unresolved easements can surface at closing — or years later — if title is not thoroughly examined beforehand.

Title Examination Title Defect Resolution Closing Support Deed Preparation
What We Do

Title Review & Closing Services

We serve Hall County, GA, Jackson County, GA, Gwinnett County, GA, Banks County, GA, and all of Northeast Georgia with comprehensive title examination and closing support services.

Core Service

Title Examination

A title examination involves searching the public records — deeds, mortgages, judgments, tax liens, easements, and other encumbrances — to verify that the seller actually has clear, marketable title to the property and to identify any defects that must be resolved before closing. Georgia attorneys are required to examine title as part of the closing process, and a thorough examination is the foundation of a clean transaction. We conduct comprehensive title searches and issue written title opinions that identify every issue requiring attention.
Core Service

Title Defect Resolution

When a title examination reveals problems — an undischarged mortgage, a judgment lien, a gap in the chain of title, an unreleased deed of trust, or a boundary dispute — those defects must be resolved before a lender will fund and before the buyer can take clear title. We work through the resolution process for each type of defect, including negotiating payoffs, obtaining releases, filing corrective deeds, and initiating quiet title actions when necessary.
Core Service

Deed Preparation & Closing Support

We prepare all closing documents — including warranty deeds, limited warranty deeds, quitclaim deeds, and deeds to secure debt — and ensure that all required documentation is properly executed and recorded in the appropriate county. We provide closing support for buyers, sellers, and lenders, reviewing the settlement statement for accuracy and advising clients on the documents they are signing and what each one means for their legal rights.
Common Title Issues

Title problems we frequently find — and resolve

These are among the most common title issues we encounter in Northeast Georgia real estate transactions. Each requires specific legal steps to cure before closing can proceed.

Common Issue

Undischarged Liens & Mortgages

Judgment liens, unpaid contractor's liens, tax liens, and mortgages that were not properly released at payoff can cloud title to a property for years or decades. When we find these in a title search, we work to obtain proper release documentation or take legal action to remove the lien from the property's chain of title — ensuring the buyer receives clean, unencumbered ownership at closing.
Common Issue

Gaps in the Chain of Title

A gap in the chain of title occurs when there is a period of time during which ownership cannot be clearly traced through the public records. These gaps often result from unrecorded deeds, missing probate documentation, or estate distribution errors. Resolving a chain of title gap typically requires a quiet title action in Georgia Superior Court — a legal proceeding that formally establishes the current owner's right to the property.
Common Issue

Easements & Encroachments

Easements granting others the right to use a portion of the property — utility easements, access easements, conservation easements — must be disclosed and understood before purchase. Encroachments occur when a structure (fence, building, driveway) crosses the property boundary onto a neighboring parcel or onto a right-of-way. Both issues can significantly affect the value and use of the property and must be carefully analyzed as part of any title review.
Related Practice Areas
Real Estate Overview Purchase & Sale Real Estate Disputes Business Litigation
Free Guide

The Georgia real estate transaction guide

Understand title review, closing procedures, and how to protect your property rights from contract to closing and beyond.

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Service Area

Serving Hall County, Gwinnett County & Northeast Georgia

We serve Hall County, GA, Jackson County, GA, Gwinnett County, GA, Banks County, GA, and all of Northeast Georgia — providing accessible, high-quality legal representation close to home.

Hall County

  • Gainesville
  • Flowery Branch
  • Oakwood

Jackson County

  • Braselton
  • Jefferson
  • Commerce
  • Hoschton

Gwinnett County

  • Peachtree Corners
  • Lawrenceville
  • Duluth
  • Sugar Hill
  • Buford

Banks County

  • Homer
  • Maysville
  • Baldwin
  • Alto
FAQ

Common questions about title review in Georgia

Answers to the questions we hear most from buyers and sellers in Gainesville, Jefferson, Braselton, and across Northeast Georgia.

Do I need title insurance in Georgia?

Lenders almost always require a lender's title insurance policy, which protects the lender's interest. An owner's title insurance policy — which protects the buyer — is optional but highly recommended. Title insurance covers certain defects that a title examination might not reveal, including forged documents, undisclosed heirs, and recording errors. We advise all buyers to obtain an owner's policy at closing, as the one-time premium is modest compared to the protection it provides.

What is a quiet title action?

A quiet title action is a lawsuit filed in Georgia Superior Court to establish or confirm ownership of real property when there is a dispute or defect in the chain of title. Common reasons to file a quiet title action include resolving gaps in the chain of title, removing old liens or judgments that were never properly released, and establishing ownership after adverse possession. The court's final order definitively establishes who holds clear title to the property.

What is the difference between a warranty deed and a quitclaim deed?

A warranty deed conveys title with covenants — the seller warrants that they have clear title and will defend it against future claims. A quitclaim deed conveys only whatever interest the grantor has, with no warranty. Warranty deeds are standard in arm's-length sales; quitclaim deeds are often used for gifts between family members, transfers between related entities, or to cure specific title defects. Most buyers should insist on a warranty deed in any standard real estate transaction.

How far back must a Georgia title search go?

Georgia's Marketable Record Title Act provides that a title search must go back at least 50 years to establish marketable title. In practice, many title examinations and title insurance underwriters require searches going back further — often to the original government grant or to a point of absolute certainty in the chain. We conduct title searches that meet Georgia's statutory requirements and satisfy lender and title underwriter standards.

Need a title review or closing support in Northeast Georgia?

Serving Hall County, Jackson County, Gwinnett County, Banks County, and all of Northeast Georgia — including Gainesville, Flowery Branch, Oakwood, Braselton, Jefferson, Lawrenceville, Duluth, Sugar Hill, Homer, and Alto.

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