Frequently Asked Questions
Is the last
assignment information required when filing a cancellation or
original documents required for filing?
original documents returned?
and I are changing our deed to show us as Joint Tenants with Right
of Survivorship. Do we still need to fill out a transfer tax
Yes. A transfer tax form is required any time the ownership of
the property is changed.
I'm filing a Quit
Claim Deed in lieu of a cancellation. Do I need to submit a
transfer tax form?
No, as long as the release information is contained within the
body of the deed.
What are transfer
Transfer taxes are paid when money exchanges hands during the
sale of a piece of property. The taxes are paid at the rate of
$1.00 per $1,000.00.For example, if a house is purchased for
$150,000.00, the transfer taxes due on that property are $150.00.
There is a transfer tax form (Form PT-61) that must be completed
with each transaction. These forms must be filled out and submitted
online. This can be done by visiting http://www.gsccca.org/efiling/pt61/default.asp
through a personal computer or through a computer located in the
Superior Court Clerk's office. For additional information regarding
transfer taxes, please visit http://www.gsccca.org/efiling/pt61/faq.asp.
Intangible taxes are paid when a person or company borrows money
and takes out a loan that matures in more than three years. It is
paid at the rate of $3.00 per $1,000.00 borrowed not considering
any refinancing. For example, if $150,000 is borrowed, the
intangible taxes would be $450.00. Some lending institutions (i.e.
credit unions, governments agencies) are exempt from intangible
taxes. A SEPARATE CHECK MADE PAYABLE TO THE CLERK OF SUPERIOR COURT
SHOULD BE SENT TO PAY FOR INTANGIBLE TAXES.
Where can I obtain the
forms needed for real estate recordings?
Most office supply stores carry some legal forms. The law books
in the Clayton
County Law Library outline different legal forms and may be of
some help. The Law Library is located on the 3rd floor of the Harold
R. Banke Justice Center. Click here for
What is the turn-around
time on recording documents?
The processing time varies due to the amount of documents
received. Generally, our processing time is 2 to 3 weeks; however,
there are times when the processing takes longer.
I want to know
who owns a piece of property. How can I find out that
Our record room is open to the public from 8:00 am until 5:00 pm
Monday through Friday. We have computers accessible to the public
which enable you to look up an address to see who was last listed
as the owner. This information is provided by the Clayton County
Tax Assessor's Office.
I need to
have a title search done to see if there are any liens against my
property. Where do I start?
A title search is an involved process which the Clerk's office
is not qualified to perform. There are title searchers listed in
the Yellow Pages and you might wish to hire someone who is trained
to do the search for you. An attorney (especially one specialized
in Real Estate Law) may also be able to assist you.