In the News

Have you ever driven past the same abandoned house or overgrown lot for years and wondered why nobody does anything with it? That neglected parcel might actually represent an opportunity for real estate investors and developers looking to make a meaningful difference in their communities.

The DeKalb Regional Land Bank Authority works to transform vacant, abandoned, and blighted properties into productive community assets. By acquiring real estate through tax sales, donations, and other means, the Land Bank helps return neglected parcels to active use, expand affordable housing options, and restore properties to the local tax rolls.

Affordable Properties with Investment Potential

One of the most attractive aspects of the Land Bank program is the opportunity to acquire real estate at deeply discounted prices—often for a fraction of what comparable properties cost on the open market.

For investors and developers, these low acquisition costs open doors to rehabilitate existing structures or build new homes while actively contributing to neighborhood revitalization. However, purchasing through the Land Bank comes with important responsibilities that buyers need to understand before signing a contract.

The Catch: Development Requirements and Repurchase Rights

Unlike a traditional real estate transaction, Land Bank purchases often include strict development obligations. Buyers may be required to bring existing structures up to code, perfect title, merge tax parcels, construct affordable housing, or complete other approved improvements within a specified timeframe. Some of the properties were purchased at a tax sale, so a quiet title action may be needed to get insurable title.

Purchases often include option agreements requiring buyers to complete the required obligations within approximately two years.

These agreements also grant the Land Bank  an option to repurchase the property if the buyer fails to meet the conditions. In some cases, the Land Bank even retains the right to repurchase the property for as little as $1,000.

That means a buyer who secures an inexpensive property but fails to complete the requirements risks losing both the real estate and the capital invested in it. For this reason, thoroughly understanding the purchase agreement terms, development deadlines, and repurchase provisions is critical before committing to a Land Bank acquisition.

Turning Neglected Properties Into New Opportunities

The DeKalb Regional Land Bank Authority provides a compelling path for investors and developers to acquire affordable real estate while actively revitalizing established neighborhoods. For qualified buyers prepared to meet the program’s requirements, an abandoned house or vacant lot can become a productive investment, a new home, and a valuable addition to the community.

William Jarrett is a real estate closing attorney with Origin Title and Escrow, Inc.. Since 2003, Origin Title has handled real estate transactions – purchases, refinances, reverse mortgages – quickly and professionally. There will be no surprises, nothing misunderstood. Title searches are thorough and well-reasoned, to avoid unpleasant surprises later down the road. Calculate your closing costs in Georgia or Florida using our calculator or contact Origin Title using this form.

No one likes bank fees. Most banks charge a fee to send or receive a wire, but do not charge to send funds through an Automated Clearing House (ACH). However, ACH transfers can be reversed or recalled, which is why closing attorneys cannot accept them into their escrow accounts.

On September 21, 2026, WSB-TV Atlanta reported on a real estate broker holding earnest money that a buyer had sent via ACH. The buyer terminated the contract on the day of closing and agreed the seller was entitled to the earnest money. Yet, the buyer was able to pull the funds back out of the broker’s escrow account before they could be disbursed, so the seller did not receive the money (yet). This scenario illustrates exactly why closing funds must be sent by wire rather than ACH. Once a wire is received, it cannot be pulled back like an ACH transfer. That finality is the reason wire transfers are considered “Collected Funds” or “Good Funds,” while ACH transfers are not.

Before Georgia’s Good Funds law (O.C.G.A. § 44-14-13), some lenders and buyers routinely closed with a certified check for the amount due. When banks began failing during 2007–2009, many of those certified checks failed to clear, leaving closing attorneys with substantial shortages in their escrow accounts. Today, funds can only be disbursed from an escrow account once they have cleared. This rule includes earnest money. While earnest money may initially be paid with a check or wire, it cannot be refunded or applied to the purchase until the funds have officially cleared.

John C. Bennett is a real estate closing attorney and owner of Origin Title and Escrow, Inc.. Since 2003, Origin Title has handled real estate transactions – purchases, refinances, reverse mortgages – quickly and professionally. There will be no surprises, nothing misunderstood. Title searches are thorough and well-reasoned, to avoid unpleasant surprises later down the road. Calculate your closing costs in Georgia or Florida using our calculator or contact Origin Title using this form. 

Georgia law requires the clerk of superior court in each county to collect an intangible recording tax when lenders record a security deed (commonly referred to as a mortgage) in the real estate records.  Security deeds secure the lender’s interest in real estate as security for a promissory note.  The recording tax is based on the face amount of the loan as listed on the security deed.   The tax rate is $1.50 for each $500.00, or fraction thereof, of the amount listed on the security deed. 

The intangible tax is only due for ‘long-term’ loans.  Prior to July 1, 2025, the definition of a ‘long-term’ note was any loan that was due more than three years from the date of the note.  Loans secured by real estate that were due within three years avoided paying any intangible tax.  The statute has been amended to define a ‘long-term’ loan to be a note that has a maturity date that is more than 62 months from the date of the note.  Now, loans secured by real estate due in five years will avoid paying the intangible tax. 

This will not have much effect on residential mortgage loans because they normally do not come due for 15 or 30 years.  This will mainly affect credit lines and commercial loans that have a maturity date of five years or less.  (O.C.G.A. § 48-6-60, 48-6-66, and 48-6-68).   

John C. Bennett is a real estate closing attorney and owner of Origin Title and Escrow, Inc.. Since 2003, Origin Title has handled real estate transactions – purchases, refinances, reverse mortgages – quickly and professionally. There will be no surprises, nothing misunderstood. Title searches are thorough and well-reasoned, to avoid unpleasant surprises later down the road. Calculate your closing costs in Georgia or Florida using our calculator or contact Origin Title using this form.

The Georgia legislature passed House Bill 1292 in 2024 to help combat forged and fraudulent deeds being recorded in the real estate records. 

As of January 1, 2025, individuals can no longer walk into a county courthouse and file a document to be recorded in the real estate records.  O.C.G.A. §44-2-2(d) requires “self-filers” to file deeds, liens, security deeds, and plats electronically using the Georgia Superior Court Clerk’s Authority (“GSCCCA”).    

The GSCCCA is required to verify the filer’s identity before accepting the document.  Per O.C.G.A. 44-2-39(b), the GSCCCA shall ensure the individual filing the document has provided “information sufficient to identify such individual.”  This is usually a photo ID like a driver’s license, passport, or military ID card.  A person may no longer file a deed anonymously.  Hopefully this will help law enforcement locate any people forging or fraudulently filing deeds, liens, cancellations, or mortgages. 

There are exceptions to the rule. Attorneys, institutional lenders, public officials, and certain other filers who can easily be identified and located are exempt from the new rule.  It will require a little extra work now to get your own document filed, but if it stops the fraudulent filings, then it will be worth it. 

John C. Bennett is a real estate closing attorney and owner of Origin Title and Escrow, Inc.. Since 2003, Origin Title has handled real estate transactions – purchases, refinances, reverse mortgages – quickly and professionally. There will be no surprises, nothing misunderstood. Title searches are thorough and well-reasoned, to avoid unpleasant surprises later down the road. Calculate your closing costs in Georgia or Florida using our calculator or contact Origin Title using this form.

Georgia passed O.C.G.A. 2-1-7 last year, which went into effect July 1, 2024.  This new statute prohibits a nonresident alien from acquiring an interest in Agricultural land or land within a ten-mile radius of any military base, military installation or military airport. Furthermore, the statute requires any nonresident alien who currently owns such property to dispose of it no later than June 30, 2027.

O.C.G.A. 2-1-7(b)2 states the prohibition shall not apply to residential property.  The statute has not been interpreted by the courts yet, but it seems this prohibition would only apply to agricultural property and vacant land.  The statute defines “Agricultural Land” and “Residential Property,” but does not define exactly what is considered “Land”.  The statute is most likely referring to vacant land.  The statute probably does not apply to commercial property, but commercial property is not listed as a specific exemption.    

A nonresident alien includes any business entity that is domiciled in a country the United States has designated as a foreign adversary, or any domestic entity that the ownership of at least 25% is composed of any business entity domiciled in a country the United States has designated as a foreign adversary. 

Real estate brokers are required by the statute to disclose to their clients the limitations imposed by the statute.  This puts agents and brokers in a difficult position of interpreting a statute for their clients.  The statute further explains that the broker, nor anyone else involved in the transaction, has any liability if a nonresident alien purchases property that violates this statute.  The standard Georgia Association of Realtors sales contract now includes a paragraph where the seller acknowledges they understand the new law.  

As always, it is really important for buyers and sellers to read the sales contract, even if it is a “standard form”.  For any agricultural or land being sold, it would be a great idea to include if the property is within ten miles of one of the thirteen military bases in Georgia.

John C. Bennett is a real estate closing attorney and owner of Origin Title and Escrow, Inc.. Since 2003, Origin Title has handled real estate transactions – purchases, refinances, reverse mortgages – quickly and professionally. There will be no surprises, nothing misunderstood. Title searches are thorough and well-reasoned, to avoid unpleasant surprises later down the road. Calculate your closing costs in Georgia or Florida using our calculator or contact Origin Title using this form.

Starting July 1, 2024, Georgia has a new type of deed. Georgia Code §44-17-1 through §44-17-7 prescribes a new type of deed known as the transfer-on-death deed.  This is different from a deed that conveys title to people as joint tenants with right of survivorship in that the grantee has absolutely no ownership rights until the grantor passes away.  This means that the grantee does not need to be present to sign any future loan documents or sales documents.

The transfer-on-death deed is void if the grantor conveys title to someone else. This new deed helps transfer title at death without going through probate, plus it keeps the ‘step up’ in value heirs get when inheriting property.  The ‘step up’ in basis increases the tax basis of the property to the value of the property at the time it is inherited.  This is very helpful in lowering the tax liability for heirs when inheriting property. 

The owner may also revoke the transfer at any time by signing a revocation and recording it in the real estate records.  The tricky part is that the revocation requires two witnesses plus the notary, like signing a will.   (As a side note, the transfer-on-death deed may not be revoked by a will.) 

The deed must be in a very specific form to be effective.  One possible issue is that the transfer-on-death deed requires the grantee to file an affidavit in the real estate records that provides the marital status of both parties on the deed, the legal description of the real estate, and a copy of the grantor’s death certificate as verification that the grantor has passed away. This affidavit must be filed within nine months of the grantor’s death.  If the affidavit is not recorded, then the real property becomes part of the estate of the deceased owner and the transfer-on-deed is useless.  This extra step will require the grantee to know about the deed and the requirements to receive title to the property.  This is not something most people will know to do. 

The transfer-on-death deed is not a comprehensive estate plan.  The deed must be in a very particular form to be valid.  The grantee has the responsibility to file an affidavit in the real estate records to claim ownership of the property upon the grantor’s death, which could be 50 years in the future. For estate attorneys, or anyone probating an estate, the first step in probating an estate should be a title search to see how title is held and if the deceased filed a transfer-on-death deed.     

John C. Bennett is a real estate closing attorney and owner of Origin Title and Escrow, Inc.. Since 2003, Origin Title has handled real estate transactions – purchases, refinances, reverse mortgages – quickly and professionally. There will be no surprises, nothing misunderstood. Title searches are thorough and well-reasoned, to avoid unpleasant surprises later down the road. Calculate your closing costs in Georgia or Florida using our calculator or contact Origin Title using this form.

Remember the company that was filing ‘Memorandum of Homeowner Benefit Agreements” to encumber real estate for 40 years? 

After several lawsuits, criminal investigations, and states passing laws banning the practice, MV Realty has filed for Chapter 11 bankruptcy.

Any memorandums purporting to be a lien or encumbrance running with the land filed after January 1, 2024 are void per O.C.G.A. 10-6A-10(b).  These filings have no effect on title and can be ignored in a title search.

It’s not clear what will happen to the existing claims that MV Realty has on thousands of individual homes as a result of the bankruptcy filing. 

A Chapter 11 filing allows a company to continue doing business as it restructures its debts. This does not mean that MV Realty is completely out of the picture, though. 

John C. Bennett is a real estate closing attorney and owner of Origin Title and Escrow, Inc.. Since 2003, Origin Title has handled real estate transactions – purchases, refinances, reverse mortgages – quickly and professionally. There will be no surprises, nothing misunderstood. Title searches are thorough and well-reasoned, to avoid unpleasant surprises later down the road. Calculate your closing costs in Georgia or Florida using our calculator or contact Origin Title using this form.

Maybe you have seen or heard the commercials for services that charge a monthly fee to monitor real estate records. These monitoring services are expensive and vague as to the solutions they provide if anything is ever found.  

Fulton and Dekalb counties have been offering real estate monitoring services for a few years, but now monitoring has become available in every county, thanks to the Georgia Superior Court Clerk’s Cooperative Authority (“GSCCCA”).

Under their new Georgia Filing Activity Notification System (FANS), an owner may sign up to receive an electronic notification via text or email about filings that match the criteria set by the owner.  The most common criteria would be the person’s name and county.  The service is free and can give homeowners quick notice of any fraudulent filings being submitted under their name.  

You will only need a mobile phone number or an email address to sign up.  Here is the link to get started: https://fans.gsccca.org/ . 

Please note that registering is not enough to start generating notifications. As you register, continue to the next step and create a name notification request to activate the search. 

Notification requests expire after one year, so you may need to mark your calendar to reactivate it annually.

John C. Bennett is a real estate closing attorney and owner of Origin Title and Escrow, Inc.. Since 2003, Origin Title has handled real estate transactions – purchases, refinances, reverse mortgages – quickly and professionally. There will be no surprises, nothing misunderstood. Title searches are thorough and well-reasoned, to avoid unpleasant surprises later down the road. Calculate your closing costs in Georgia or Florida using our calculator or contact Origin Title using this form.

Since 2003, Origin Title and Escrow has performed thousands of closings. Our team understands the concerns and the interests of every party at the closing table. 

Real estate agents and buyers alike want to know that when they contact a closing attorney, they will reach someone who can answer their questions. That’s who we are at Origin Title, we are a centralized system with information and answers. Our office is made up of two attorneys, a paralegal and an office administrator. We also have longstanding relationships with title underwriters to get issues resolved sooner. 

Working with Origin Title, there will be no surprises, nothing misunderstood. The work we do is thorough and well-reasoned, to avoid unpleasant surprises later on.