Detailed Answer

Verifying every person or entity with an interest in Georgia real property involves two main steps: a complete title search and collection of supporting documentation. Below is a breakdown of what you need to gather and review.

1. Conduct a Comprehensive Title Search

Review the clerk of court’s public records for deeds, mortgages, liens, easements, leases, and other recorded instruments affecting the property.
Trace the chain of title back to at least two prior conveyances to confirm the current owner’s unbroken ownership history.
Identify all parties listed on each recorded document as having an ownership or security interest.

2. Gather Required Documentation

After identifying interested parties, you must collect specific paperwork to verify each individual’s or entity’s authority and interest.

2.1 Government-Issued Photo Identification

Obtain a copy of each individual’s valid driver’s license, state ID, or passport to confirm name and signature. Georgia law requires a credible method to verify a signer’s identity (O.C.G.A. § 15-6-70).

2.2 Deeds and Conveyance Records

Provide certified copies of each recorded deed, including prior transfers and any affidavits of correction. Ensure each deed is properly signed, witnessed, and acknowledged under O.C.G.A. § 44-2-30.

2.3 Spousal Joinder or Consent

For property owned by a married person, obtain the spouse’s deed signature or a spousal consent form if required. Georgia law often requires a spouse’s joinder in conveyances (O.C.G.A. § 44-2-30).

2.4 Corporate and LLC Documentation

Certificate of existence or good standing from the Georgia Secretary of State.
Articles of incorporation or organization.
Certified corporate or LLC resolution authorizing the real estate transaction.

2.5 Trust Documentation

If a trust holds title, provide a certified certificate of trust or a copy of the relevant trust agreement showing the trustee’s authority (O.C.G.A. § 53-12-280).

2.6 Probate or Estate Documents

For property inherited through probate, collect letters testamentary or letters of administration, and the decedent’s death certificate. Verify the personal representative’s authority under O.C.G.A. § 53-6-1.

2.7 Powers of Attorney

If an agent signs on behalf of an owner, obtain a fully executed and notarized power of attorney that expressly authorizes real estate transactions. Record the POA if required by O.C.G.A. § 10-6-142.

2.8 Guardianship or Conservatorship Orders

For minors or incapacitated persons, provide the court order appointing a guardian or conservator and letters of guardianship. Ensure the guardian’s authority covers real estate dealings.

3. Review and Confirm Authority

Match names on all documents to the ID provided.
Check for any name changes due to marriage, divorce, or court order and secure certified name-change documents.
Ensure all signatures are acknowledged by a Georgia-commissioned notary public.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a licensed attorney in Georgia.

Helpful Hints

Begin with the current deed and work backward to save time.
Use certified copies for all court or probate documents.
Verify corporate good-standing online via the Georgia Secretary of State’s website.
Keep all originals secure and provide only certified or photocopied versions.
Check county clerk websites for additional recording requirements.