Georgia Lien: A Complete Guide to Liens in the State

When a creditor is unable to recover their debts, they may proceed to court, and the judge grants a lien against the debtor's property. Once filed, it grants the creditor a legal claim over the debtor’s property to enforce repayment until the lien is satisfied.

What Is a Lien in Georgia?

In Georgia, a lien is a creditor’s legal claim to recover a debt from a debtor’s property. Liens may apply to real property (such as homes, land, and commercial buildings) and personal property (such as vehicles or business assets) of the debtors. Properties attached with liens cannot be sold, transferred, or given away to another party. Once filed with the proper county or state office, liens become part of the public record. For buyers, lien searches are essential before closing a transaction.

Types of Liens in Georgia

The most common liens that may be filed in Georgia include:

1. PropertyTaxLiens- These are filed by county tax commissioners on behalf of the government against individuals or corporations for unpaid property taxes. These liens take high priority and may lead to grave penalties or tax sales.
2. Mechanic’s or Materialman’s Liens - They are filed by contractors, subcontractors, or suppliers for unpaid work or materials provided for property improvements. The State of Georgia also released a guide for individuals or parties interested in this type of lien.
3. JudgmentLiens- These are awarded by a court to a creditor in a lawsuit against the debtor’s property to repay their debt or pay damages. In Georgia, judgment liens may be attached to all property acquired by the debtor after the judgment is issued and executed against the debtor. A Writ of Fieri Facias is a document issued by the Clerk of Court when they record a lien on a debtor’s property.
4. Mortgage Liens - Pursuant to Georgia laws, mortgage liens are placed by lenders on property when issuing a mortgage loan. They remain until the loan is fully paid and released.
5. Federal Tax Liens - These are filed by the Internal Revenue Service (IRS) when individuals fail to fulfill their tax obligations.
6. Consensual Liens - As the name implies, these are liens where a debtor voluntarily consents as a result of a loan or other advance of credit.
7. HOA or Condominium Liens - These are liens filed by homeowners’ associations for claims against a property for unpaid utilities, dues, or code enforcement fines. Under the Georgia Condominium Act or the Property Owners’ Association Act, an HOA lien must be satisfied, even if the property is sold.

How to Search for Liens in Georgia

Lien filings usually include the lienholder’s name, the amount of debt, the filing date, and property details. Lien records in Georgia are public and can be accessed through multiple sources:

• County Superior Court Clerk’s Offices: Every county in Georgia maintains its own real estate and lien filings. Individuals may search for liens by using the names, address, or parcel ID.
• Georgia Superior Court Clerks’ Cooperative Authority (GSCCCA): The Georgia Superior Court Clerks Association provides a statewide online database for real estate and lien records. Record seekers may be required to subscribe or pay a fee to access the database.
• Georgia Judicial Case Search: The Georgia Judicial Branch allows members of the public to find a court case, including judgment liens, on its website.
• Title Companies and Third-Party Services: Some companies offer professional services to the public that include viewing and obtaining copies of liens.

Lien Records in Major Georgia Cities

Individuals interested in accessing lien records in Georgia cities must search the county where the property is located. They may find these documents when they contact:

• Atlanta (Fulton County & DeKalb County): The Superior Court Clerks in Fulton and DeKalb maintain lien filings, both of which are accessible online through the GSCCCA.
• Augusta (Richmond County): Lien searches are handled through the Richmond County Clerk of Superior, State, and Juvenile Court.
• Savannah (Chatham County): Chatham County provides lien and property searches to the public through its Superior Court Clerk’s office.
• Columbus (Muscogee County): Lien filings are maintained by the Muscogee County Superior Court Clerk.
• Macon (Bibb County): The Bibb County Clerk of Superior Court handles lien and property records.

How Long Does a Lien Stay on Property in Georgia?

The duration of a lien in Georgia depends on the type filed:

• Property Tax Liens: They are active until the taxes are fully paid or the property is sold off at a tax sale.
• Mechanic’s Liens: Must be enforced within 12 months of filing or they expire.
• JudgmentLiens: They are valid for seven years, but a creditor may file for renewal in court.
• Mortgage Liens: These liens typically last until the mortgage loan is satisfied and the release is recorded.
• Tax Liens (Federal/State): Similarly, state and federal tax liens usually last for 10 years.

How to Remove a Lien in Georgia

Generally, a lien removal in Georgia resolves the debt or challenges the validity of the lien. Without a recorded release, a lien may continue to cloud the title and obstruct the sale, refinance, or transfer of a property. The main methods to remove a lien in the state include:

• Paying the Debt in Full: Once the debtor has completed the payment, the lienholder (creditor) must file a release with the county clerk.
• Negotiating a Settlement: A creditor may accept a reduced amount or structured repayment from a debtor.
• Court Action: If the lien is invalid, improperly filed, or fraudulent, debtors (property owners) may file a petition in court for its removal.
• CancellationofLiens: The State Department may cancel a state tax execution when a delinquent tax liability has been resolved. The department will cancel the lien with the Clerk of Superior Court in the county where the lien was recorded.
• Recording a Release or Satisfaction: Property owners should confirm that a release has been recorded to clear title and prevent future complications.

Liens in Georgia are an essential legal mechanism that protects creditors and holds debtors (property owners) accountable for their debts. Individuals must seek to understand all requirements and procedures associated with liens in Georgia. They may obtain additional information from a county clerk, an attorney, or a title company.