Georgia is known as a title theory state where the property title remains in the hands of the lender until payment in full occurs for the underlying loan. The document that secures the title in Georgia is called a deed to secure debt but may also be referred to as a security deed.
Is Florida a lien or title state?
In Florida, the borrowers that engage in a mortgage are the legal title holders of that property. This is because Florida is a state that practices lien theory, as opposed to title theory, that is used in other states. In other states, the lender holds the actual legal title.
Is California a title theory state?
It is settled law that California is a “lien” and not a “legal title” theory state when imposing encumbrances/liens against the title of real property. California has a 150-year history of development and evolution in the way its courts have applied legal principles to mortgages and deeds of trust.
Is Texas a title theory state?
Texas is a title theory state, where a lender holds the title to a borrower’s property in a Deed of Trust. In a lien theory state, the borrower holds the title, and the lender has a lien against the title until the loan is paid.
What is a title theory state?
In title theory states, the borrower does not keep the title to the property during the loan term. The seller gives the buyer a deed to the property, but when the borrower signs the mortgage for the loan, the borrower gives the title back to the mortgage holder (lender).
What does it mean if a State is a title theory state?
Definition: Title theory states function where banks or mortgage lenders hold the title of a property until it is paid in full. In title theory states the lender holds title to the property in the name of the borrower through a Deed of Trust.
Is Georgia a judicial foreclosure state?
Georgia is a “non-judicial foreclosure” state. That means the lender can foreclose on your home without filing suit or appearing in court before a judge.
Who holds title in a lien theory state?
What is lien theory? In lien theory states, the borrower holds the title to the property. Instead of a Deed of Trust, a Mortgage is recorded in the public record and acts as a lien against the property until the debt is paid off. With a mortgage, a homeowner has both legal and equitable title.
Is New York a title theory state?
In a lien theory state such as New York, the property buyer/mortgagor continues to hold the deed to the property until the loan is satisfied, or fully paid back to the lender! At that time, a Satisfaction of Mortgage should be recorded.
Is Massachusetts a title theory or lien theory state?
Massachusetts is a well-established title theory state in both statutory and case law. Under title theory, a mortgage constitutes a “conveyance or transfer” of property.
Is Arizona a title theory state?
Answer: Arizona is a title-theory state. What this means is that a buyer/borrower has only an equitable interest (rather than a legal or ownership interest) in a property that is the subject of a mortgage or promissory note. The seller/lender retains legal title.
