Making Real Estate Work

Showing 2 posts from March 2021.

Help is On the Way, Georgia Renters, Landlords, and Utility Providers

Help is On the Way, Georgia Renters, Landlords, and Utility Providers

The State of Georgia Rental Assistance Program 

Optimism is warranted, but as the country and the world progress in the fight against the COVID-19 pandemic, substantial uncertainties abound. Those uncertainties include bridging the gap for landlords, renters, and utility providers seeking to maintain a most basic social need – roofs over renters’ heads. Renters around the country are on the brink of eviction and the demand for rental assistance programs throughout American communities is soaring. Fortunately, in Georgia some relief is in sight. 

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Quit Claim Deeds Can Void Existing Owner’s Title Policy; Use with Caution

Quit Claim Deeds Can Void Existing Owner’s Title Policy; Use with Caution

Lawyers have been trained to avoid using a general warranty deed when representing a client in a real estate transaction or when conveying property between related entities or individuals. In instances of dissolution, merger, a transfer from individuals to a majority owned entity or a transfer between other related parties, where there is not a concern of a claim to title, a Quit Claim Deed is erroneously believed to be the type of deed of choice. While not intending to cause an issue with the client’s title insurance, the use of a Quit Claim Deed, in these situations, may void any existing Owner’s Title Insurance Policy in Georgia by canceling the “continuation of insurance.”  Even for this seemingly minor assistance to a client, it is critical to ask a knowledgeable real estate attorney and check the jacket of the client’s Owner’s Title Insurance Policy to determine how “continuation of insurance” is applied and how the “Insured” is defined. For example, “Continuation of Insurance” can only be maintained if the “Insured” shall have liability by reason of warranties in any transfer or conveyance of the Title.” 

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