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All real estate records in Georgia are maintained by the:

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Question & Answer

Review the question and all answer choices

A

The Commission

The Georgia Real Estate Commission is the state agency responsible for licensing and regulating real estate brokers and salespersons; it has no authority over or involvement in the recording and maintenance of real property records, which is a county-level judicial function.

B

The Commissioner

The Georgia Real Estate Commissioner is the executive officer who administers the Real Estate Commission and enforces license law; like the Commission itself, the Commissioner has no role in maintaining real estate records, which fall under the jurisdiction of the Clerk of Superior Court.

C

The Clerk of Superior Court

Correct Answer
D

Van Bueren Company

'Van Bueren Company' is a fictitious entity with no legal role in Georgia's real estate recording system; this option is a nonsense distractor designed to test whether students have genuinely studied the correct answer rather than guessing.

Why is this correct?

Under O.C.G.A. Β§15-6-61, the Clerk of the Superior Court in each Georgia county is designated as the official custodian of real estate records, including deeds, mortgages, liens, and other instruments affecting title to real property. Recording a deed or mortgage with the Clerk of Superior Court provides constructive notice to the world and establishes priority among competing claims under Georgia's race-notice recording statute. This judicial officer β€” not the Real Estate Commission, the Commissioner, or any private entity β€” is the sole official keeper of Georgia's real property records.

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