Real Estate Title Attorney in Northeast Georgia

A cloud on title is any document, claim, or encumbrance that appears in the public records and casts doubt on the owner's clear ownership of a property.

Examples include an unreleased security deed from a paid-off loan, a judgment lien, or a deed signed by someone without proper authority. Clouds on title must be cleared before most buyers will purchase and most lenders will lend.

Under Georgia's materialman's lien law (O.C.G.A. § 44-14-360 et seq.), contractors, subcontractors, and material suppliers who provide labor or materials for improving real property can file a lien if they are not paid.

The lien generally must be filed within 90 days after the work or materials were last furnished, and the claimant must then follow strict notice and lawsuit deadlines. We file liens for unpaid contractors and defend owners against improper ones.

Technically yes, but most buyers' lenders will not lend and most buyers will not proceed without a clean title. Disclosing the defect and resolving it before the transaction is usually the best path. When a closing is pending, we prioritize resolving the defect.

Title insurance covers losses from defects in title that existed before the policy date but were not found in the title search, such as forgery, undisclosed heirs, fraud, and errors in public records. It does not cover defects created after the policy date.