Home Buying in Rincon>Question Details

Fysty, Home Buyer in Rincon, GA

Are deeds and titles the same thing in the state of Georgia?

Asked by Fysty, Rincon, GA Wed Jul 6, 2011

Trying to buy a foreclosure property in Rincon, Georgia, the attorney's backed out saying they could not find the title. My husband tried to find out info from the seller's atty, they said that they were looking for the deed.

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Hi Fysty,

No they are not the same. You need both to take legal ownership of a property.

The Deed is the actually physical evidence (document stating “this Deed”) and is valid and enforceable.

Title is the legal term commonly used to explain the intricacy of property ownership. Title shows who has right or claims to the property and right of possession.

So, to make it simple the Deed says who owns the property and the Title shows if any liens, city violations, right of possession, easements and encroachments, mortgages, etc; exist against the property.

Deed and Title go hand and hand. The only way to convey title legally is with a deed.

In your case Not until the bank (seller) has the deed or certificate of title recorded they can not convey title to the buyer. Here in Florida this process takes about 2 months after the home is foreclosed.

This maybe the case with you. Ask your agent to find out from the seller's agent or to look up who shows as the owner of record.
Web Reference: http://www.SLeonRealtor.com
0 votes Thank Flag Link Wed Jul 6, 2011
And make sure you buy title insurance for any property you buy.
1 vote Thank Flag Link Wed Jul 6, 2011
Deed - actually, any one of many conveyancing or financing instruments, but generally a conveyancing instrument given to pass fee title to property upon sale.

Title - The evidence one has right to possession of land.
0 votes Thank Flag Link Thu Jul 7, 2011
A deed is a physical thing that documents transfer of ownership; we look for the last deed to see who ownership was transferred to. Title is a more abstract concept, but I think that what they were trying to tell you is that it's not clear who actually owns the property and so it's not possible to transfer clear title - full ownership rights - to you.

Hope that helps,
0 votes Thank Flag Link Wed Jul 6, 2011
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