Liens paid at closing

None of these require money up front when there is enough equity to cover them. They reduce the proceeds. What matters is identifying them early: a lien discovered the week of closing is what turns a clean deal into a delayed one.

  • Security deeds — Georgia's equivalent of a mortgage — and home equity lines, through a payoff statement with a good-through date
  • Delinquent property taxes, with interest, penalties, and costs, from the tax commissioner
  • HOA and condominium assessment liens, including fines and collection costs
  • Materialman's and mechanic's liens filed by contractors, subcontractors, or suppliers
  • Recorded judgments, child support liens, IRS liens, and state tax liens
  • Municipal liens for nuisance abatement, demolition, or lot cleaning

Heirs' property: the most common Georgia title defect

Georgia has a great deal of heirs' property — land and houses that have passed down through generations without any estate being administered. Record title still stands in the name of someone who died decades ago, while descendants have paid the taxes and lived in or maintained the house.

Nothing is wrong with the property. The paperwork simply does not show who owns it, and no closing attorney can insure a sale until it does. Fixing it means probate, an order of no administration necessary, or a proceeding to determine heirs, and Georgia's heirs-property partition statute gives co-owners a buyout right where one heir pushes for a sale. This is almost always the longest item in the transaction, so start it first.

Year's support can change who can convey

If a surviving spouse or minor children have petitioned for year's support, an award can set aside estate property for their support and can vest title in them, potentially ahead of some estate creditors.

For a sale that means the person you assume has authority to sign may not, or may have more authority than expected. Where a spouse or minor children survive a deceased owner, raise year's support with a Georgia probate attorney before signing anything.

Defects that need more than money

  • A security deed that was paid but never cancelled of record, requiring a cancellation from a lender that may no longer exist
  • A deed with a defective legal description, a missing witness or notary, or a forged signature in the chain
  • Access problems — a landlocked parcel, or a driveway across a neighbour's land with no recorded easement
  • Encroachments and boundary discrepancies shown on a survey
  • Unrecorded interests, including long-standing family arrangements
  • Pending litigation shown by a notice of lis pendens
  • Restrictive covenants that conflict with the property's current use

Code enforcement and municipal liens

Georgia cities and counties can cite and lien for nuisance conditions, overgrown lots, unsafe structures, and demolition, with the cost assessed against the property. Atlanta, Savannah, Augusta, Macon, and Columbus all enforce actively, and charges accumulate quietly on a vacant house while notices go to a stale address.

An open case does not stop a sale. We buy houses with active code cases and unresolved orders, and recorded liens are handled at closing like any other. What we need is disclosure up front — an unknown demolition order discovered during title examination is a far bigger problem than a known one.

How a Georgia closing attorney clears it

Because Georgia requires an attorney to close, title examination and clearing sit with the same person who prepares the deed and handles the funds. The attorney examines the chain, issues requirements, and works through payoffs, cancellations, affidavits, corrective deeds, and probate documents.

Our role is to be a buyer who does not walk when the title examination comes back messy. Send us what you know, including the parts you expect to be disqualifying. Problems we can plan for almost never change an offer; problems discovered late do.

Frequently asked questions

Can I sell a Georgia house with a lien on it?

Usually yes. Monetary liens are paid from the closing proceeds. It only becomes difficult if the liens exceed the property's value.

What is heirs' property?

Property whose record title remains in a deceased person's name because no estate was ever administered, often across generations. It has to be cleared before a sale can be insured.

What if an old security deed was never cancelled?

The closing attorney chases the cancellation. If the lender no longer exists it can take longer, which is why disclosing it early matters.

Do you buy houses with code violations in Georgia?

Yes. Disclose the case and any recorded liens so they are priced in.

Does Georgia require an attorney for the closing?

Yes. The Supreme Court of Georgia has held that closing a real estate transaction is the practice of law, so a licensed Georgia attorney must conduct it.

Sources

This guide is general information, not legal, tax, or financial advice. Laws change and every situation is different, so talk with a qualified Georgia professional about yours.