A renovation finished just before listing, an old court judgment, or an unpaid association balance can all show up on title weeks before a sale is scheduled to close. For metro Atlanta sellers, a lien on a house ahead of a Georgia closing is usually manageable when it is identified early. This guide explains what a title search looks for, the lien types that surface most often, how a closing attorney usually handles a release, and what you can gather before you list. It is an overview of process, not legal advice, and a Georgia real estate attorney is the right person to evaluate any specific filing.
What Is a Georgia Title Search Looking For Before Closing?
A title search reviews the public record for anything that affects ownership or would follow the property to the buyer. That includes recorded liens from contractors and suppliers, court judgments entered on the execution docket, unpaid association assessments, and unpaid property taxes. Anything the search finds becomes an item that must be paid, released, or otherwise resolved before the title insurer will issue a clean policy.
Our guide to owner's title insurance in Georgia explains how the title commitment is organized, including the Schedule B requirements section. Liens discovered in the search usually land there as conditions that must be satisfied before the policy issues.
Where the Records Live
Georgia liens on real estate are filed with the clerk of superior court in the county where the property sits. The Georgia Superior Court Clerks' Cooperative Authority maintains a statewide GSCCCA Lien Index that covers liens filed in all counties since at least January 1, 2004, and it can be searched by county, region or statewide. A formal title search in the county land records remains the standard for a closing, because online databases alone may not capture every filing.
How Do Mechanics and Materialmen's Liens Work in Georgia?
Under O.C.G.A. 44-14-361, people who furnish labor, services or materials to improve real estate hold a special lien on that property. The list includes contractors, subcontractors, materialmen, laborers, registered architects, surveyors, engineers, interior designers, and suppliers of rental equipment. For a seller who renovated before listing, any unpaid party in that chain can potentially record a claim against the home.
This is why a materialmen's lien after renovation can come as a surprise. A seller may have paid the general contractor in full, yet a supplier or subcontractor further down the chain may still claim it was not paid. The statute also caps exposure: the aggregate amount of liens under Code Section 44-14-361 cannot exceed the contract price of the improvements made or services performed.
Deadlines That Shape a Contractor Claim
O.C.G.A. 44-14-361.1 sets the timeline. A claim of lien must be filed with the clerk of superior court in the county where the property is located within 90 days after completion of the work or after the materials were furnished. No later than two business days after filing, the claimant must send a copy to the owner by registered or certified mail or statutory overnight delivery. The claimant must then commence a lien action within 365 days of filing and file a notice of that action with the clerk within 30 days after commencing it.
Bonding Off or Contesting a Lien
Two statutory tools can matter when a contractor claim appears close to a sale date. Under O.C.G.A. 44-14-364, an owner or contractor can file a bond with the clerk of superior court, and once the clerk approves it, the real estate is discharged from the lien and the claimant looks to the bond instead. The bond is generally double the amount claimed, but for a lien against the owner's domicile it is the amount claimed. Under O.C.G.A. 44-14-368, an owner or contractor can also file a notice of contest of lien, which limits the claimant to 60 days from receipt to commence a lien action. Which tool fits, if any, is a question for a Georgia real estate attorney.
What Changed With Georgia Lien Waiver Forms in 2021?
Senate Bill 315, signed in August 2020 and effective January 1, 2021, rewrote Georgia's lien waiver statute, O.C.G.A. 44-14-366. Among the changes, the window for a contractor or supplier to file an affidavit of nonpayment after signing a waiver grew from 60 days to 90 days, and the statutory waiver forms were revised. Closing attorneys and title insurers typically ask for final waivers on the current statutory form for recent work.
The current text of O.C.G.A. 44-14-366 provides two forms: the statutory interim waiver form and the final waiver form. Lien rights cannot be waived in advance of furnishing labor, services or materials. A waiver becomes effective on the earliest of actual receipt of funds, a written acknowledgment of payment, or 90 days after the waiver is signed, unless the claimant files an affidavit of nonpayment in the county where the property is located within that period.
That 90 day window is why the signing date of a waiver matters when a project wrapped up shortly before listing.
How Does a Judgment Lien Attach to Georgia Property?
Under O.C.G.A. 9-12-80, a Georgia judgment binds the defendant's property from the date it is rendered, except as otherwise provided in the Code. Recording is what makes it bind property against good faith buyers and lenders. Under O.C.G.A. 9-12-81, a judgment obtained in the county of the defendant's residence reaches that point once the execution is entered on the general execution docket, and the lien dates from that entry.
O.C.G.A. 9-12-86 adds that a judgment or writ of fieri facias does not become a lien on the title to real property until it is recorded with the clerk of superior court in the county where the property is located and indexed there. Those recorded, indexed entries are what a title examiner searches for.
Under O.C.G.A. 9-12-60, a judgment becomes dormant if seven years pass without the required entries on the general execution docket, and each qualifying entry starts a new seven year period. Evaluating that history is legal work for a Georgia real estate attorney.
Can an HOA or Condo Association Place a Lien on a Georgia Home?
Yes. In communities governed by the Georgia Property Owners' Association Act, O.C.G.A. 44-3-232 makes assessments a lien in favor of the association from the time they are due, and recording the declaration serves as notice of that lien. The Georgia Condominium Act, O.C.G.A. 44-3-109, creates a similar lien on condominium units for unpaid assessments.
Both statutes say the lien lapses four years after the assessment or installment first became due.
The Statement of Amounts Due
Both statutes give an owner, a lender, or a person under contract to buy the right to request a written statement of amounts due. The association must furnish it within five business days of receiving the written request. If it fails to do so, the assessment lien is extinguished as to the purchaser or lender in that transaction. Our post on selling an Atlanta condo with a pending special assessment covers how that statement is typically ordered and read at closing.
How Do Property Tax Liens and County Tax Executions Show Up?
Georgia gives property taxes top priority. O.C.G.A. 48-5-28 says taxes are paid before any other debt, lien or claim, and that property is always subject to a lien for taxes. When taxes go unpaid, O.C.G.A. 48-3-3 directs the tax collector or tax commissioner to issue executions for nonpayment once 30 days have passed since notice.
Fulton County's 2026 Billing Calendar
Timing matters in Fulton County this fall. In an August 14, 2026 release, Fulton County said temporary 2026 bills were issued based on preliminary digest values and 2025 millage rates, with City of Atlanta taxes due September 30, 2026 and Fulton County and other jurisdictions due October 15, 2026. The county noted that interest begins to accrue the day after the due date. The Center for Civic Innovation reported on September 8, 2026 that corrected bills are expected in mid-November 2026. Sellers closing this fall can ask their closing attorney how an unpaid or revised bill will be handled on title.
How Does a Closing Attorney Clear a Lien at the Table?
In most cases, the closing attorney confirms the exact amount owed and the document needed to release it, the lien is satisfied from the seller's side of the settlement, and the release is recorded so the lien comes off the record. Payment alone is not the finish line. The lienholder needs to provide a proper release so the title insurer can remove the item from the commitment.
The type of document varies. A judgment creditor provides a release, and a contractor or supplier provides a lien waiver or a release of its recorded claim. For association balances, the statement of amounts due confirms the figure to be paid at closing; it is not itself a release. Keep in mind that in Georgia the closing attorney often represents the lender, as our article on who a Georgia closing attorney actually represents explains. A seller with a contested lien may want separate counsel.
What Can a Seller Do Before Listing?
The most useful step is to surface problems before a buyer's title search does. Gather final lien waivers from every contractor and supplier on recent projects, request a statement of amounts due from your association, confirm your property tax status, and search the GSCCCA Lien Index under your name and property. Sharing what you find with the closing attorney early gives the title work a head start.
For renovation work, closing attorneys and title insurers typically compare recent invoices against final waivers on the current statutory form, and the signing date on each waiver shows when its 90 day window closes. The status of an old judgment is a question for a Georgia real estate attorney.
Why Clean Title Matters in This Market
Buyers have more choices this fall. Georgia MLS data reported by Metro Atlanta CEO on September 15, 2026 showed 22,897 active listings in August 2026, up 3 percent from August 2025, with a median sales price of $400,000. When homes compete for buyers, a sale that closes on schedule without a last-minute title problem is part of presenting the property well.
FAQ
Can I sell my Atlanta home if there is a lien on it? Often, yes. Many liens are paid and released at closing from the seller's side of the settlement.
What is a lien waiver in Georgia? It is a statutory form under O.C.G.A. 44-14-366 in which a contractor or supplier waives and releases lien rights upon payment. There are two forms: one for interim payments and one for final payment.
Does an HOA have to tell me what I owe before closing? For associations governed by the Property Owners' Association Act or the Condominium Act, the association must furnish a written statement of amounts due within five business days of a written request, or its lien is extinguished as to that purchaser or lender.
Conclusion
Liens that surface before an Atlanta closing usually fall into a handful of categories: contractor and supplier claims after a renovation, docketed judgments, association assessments, and unpaid property taxes. Each has its own statute, its own paperwork, and its own timeline, and a Georgia real estate attorney is the right professional to evaluate any specific filing. Sellers who gather waivers, statements and tax records before listing give that process a head start. If you are preparing to sell and want to talk through how your home's history fits into your timeline, contact The Agency Atlanta for a conversation about your situation.
