All real estate records in Georgia are maintained by the:
Audio Lesson
Duration: 2:28
Question & Answer
Review the question and all answer choices
The Commission
The Commission (Georgia Real Estate Commission) oversees real estate licensing and education, but does not maintain property records. This is a common misconception where students confuse regulatory functions with record-keeping responsibilities.
The Commissioner
The Commissioner refers to the head of the Department of Community Affairs, which deals with housing and community development, not real estate record maintenance. This option tests if students understand the different state agencies and their specific functions.
The Clerk of Superior Court
Van Bueren Company
Van Bueren Company is a private title insurance company and has no governmental authority to maintain public real estate records. This option tests whether students can distinguish between private sector and public sector roles.
Why is this correct?
The Clerk of Superior Court serves as the official record keeper for all real estate documents in Georgia. This includes deeds, mortgages, plats, and other property-related filings. This role is mandated by Georgia law and is essential for maintaining property title history and ensuring marketable titles.
Deep Analysis
AI-powered in-depth explanation of this concept
This question tests understanding of Georgia's real estate record-keeping system, which is fundamental for property transactions. Records must be maintained accurately to ensure clear property titles, which is crucial for marketability and financing. The question specifically asks about who maintains all real estate records in Georgia, not who licenses agents or administers regulations. Option A refers to the Georgia Real Estate Commission, which oversees licensing but doesn't maintain property records. Option B mentions the Commissioner, who heads the Department of Community Affairs but doesn't handle record-keeping. Option D is a private company unrelated to government functions. The correct answer is C, the Clerk of Superior Court, as Georgia law designates county-level Clerks of Superior Court as the official record keepers for real estate documents. This question challenges students by using similar-sounding options (Commission vs. Clerk) and requires knowing the specific division of responsibilities in Georgia's real estate governance structure.
Knowledge Background
Essential context and foundational knowledge
In Georgia, the Clerks of Superior Court serve as constitutional officers with specific duties regarding real estate records. This system dates back to Georgia's early legal framework when county-level officials were designated to handle property documentation. The Clerk's office maintains the chain of title for all properties within the county, processes deed recordings, and makes these records available for public inspection. This system ensures transparency in property ownership and facilitates real estate transactions by providing an official record of property interests.
Think of the Clerk of Superior Court as the 'librarian of property records' - they don't write the books (deeds), but they organize, shelve, and maintain the collection of property history for everyone to access.
When you see 'record keeper' in a Georgia real estate question, visualize a librarian organizing property documents rather than someone licensing agents or making policy decisions.
For questions about who maintains real estate records, look for 'Clerk' or 'Recorder' in the options. These are typically county-level positions, not state agencies.
Real World Application
How this concept applies in actual real estate practice
When purchasing a property in Atlanta, the buyer's agent will need to verify the property's title history. They would visit the Fulton County Clerk of Superior Court's office or access the online database maintained by that office. There they would find all recorded documents affecting the property, including the current deed, any mortgages, liens, or easements. This official record maintained by the Clerk is what allows title companies to issue title insurance and ensures the buyer receives clear ownership of the property.
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