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Searching Gwinnett County Property Records

Gwinnett County sits northeast of Atlanta and has gone from farmland to roughly a million people inside two generations. That growth is most of the story for a searcher, because much of what turns up was created after 1980 by a developer, a lender or a homeowners association. Georgia records all three in a way that surprises people who learned the record somewhere else.

The offices are straightforward once you know which one answers which question.

Two cards on Gwinnett County property records, covering what the clerk of superior court holds and, highlighted, the records kept by other county and city offices.

Where Gwinnett land records are filed

Georgia has no county recorder. Deeds, security deeds, plats, easements, liens and lis pendens are filed with the clerk of superior court, whose office in Lawrenceville also runs the county civil docket. One clerk, two functions, and a searcher reads both.

Georgia also maintains a statewide index of real estate filings and liens, built from what the county clerks submit. It is genuinely useful for finding a party who held land in more than one county, and it is why a Georgia name search can reach past a single courthouse. Treat it as a finding aid rather than as the record itself. Coverage differs by county and by era, and the filed document in Gwinnett is still the thing you actually read.

Plats carry more weight here than in an older county. Gwinnett subdivided in waves, and each development recorded its own plat and its own declaration of covenants. Those restrictions run with the land and bind whoever buys next, and they sit in the clerk's records rather than at a city hall.

Two cards on the Georgia security deed, covering what gets recorded when a loan is made and, highlighted, the later filings that show whether it was ever released.

Security deeds instead of mortgages

Georgia does not use a mortgage. A lender takes a deed to secure debt, usually called a security deed, and legal title moves to the lender until the debt is paid. The borrower keeps possession and the right to get title back.

That changes what an open filing means and what closes it. A paid loan is cleared by a cancellation recorded against the security deed, and where no cancellation was ever filed, an instrument stays in the chain still appearing to hold title. Assignments move the holder over the years, so the party able to cancel is frequently not the party who lent the money.

Georgia also allows foreclosure outside court under a power of sale written into the security deed, which ends in a recorded deed under power of sale rather than in a judgment. Whether a particular security deed has been satisfied is a legal question for Georgia counsel. What a search does is set out every instrument found of record in order, with the cancellations and assignments attached.

Taxes sit in two other offices

The board of tax assessors values the parcel and the tax commissioner bills and collects. Neither office is the land records office, and neither balance shows up in the deed record unless something was filed.

A Georgia tax sale produces a tax deed rather than clean ownership, and a statutory right of redemption follows the sale. A parcel can therefore carry a recorded tax deed while the former owner still holds a live interest, which is exactly the thing a quick index look misreads. Ask counsel what the filing did rather than assuming it settled the matter.

The cities inside the county

Lawrenceville, Duluth, Suwanee, Snellville, Norcross, Lilburn, Buford, Sugar Hill, Peachtree Corners and several more all sit inside Gwinnett, each with its own ordinances. Land records for every one of them are filed with the county clerk, so the municipality does not change where you search.

It changes everything else. Permits, code enforcement, occupancy and municipal charges stay with the city that imposed them and never reach the deed record unless somebody filed a lien. A few city limits also cross the county line, so an address in one of those towns is not automatically a Gwinnett parcel, and the county the land lies in is the county holding the record.

Supply the street address, the parcel number, and every name the property has been held in, including entity predecessors and former married names. Say if the chain runs through an estate or a foreclosure, because both add filings a plain name search can pass over.

A title search reports what was recorded and indexed in the offices searched, as of the day the work was done. It is not an inventory of municipal charges or unrecorded agreements, and recording practice varies from one Georgia county to the next.

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