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Who bought it and who lent on it: reading Atlanta deeds and security deeds in DeKalb and Fulton

How Georgia records a land sale and a construction loan, why the price is not on the deed, what DeKalb publishes that Fulton does not, and how to turn a recorded security deed into a lead before the permit.

By Max Gillespie · Updated · 4 min read

In Atlanta the permit is the last thing to happen. The land sells, the lender records, the planning case runs, and then, sometimes a year on, the building permit issues. Readers who sell into construction before the permit (lenders, insurers, sureties, engineers, the first trades) need the recorded instruments. Here is how Georgia records them, what the two counties publish, and how to read a security deed as a lead.

How Georgia records a sale

A sale records as a deed with the Clerk of Superior Court in the county where the land sits: a warranty deed, a limited (special) warranty deed in most commercial sales, or a quitclaim when an owner moves a parcel between its own entities. The index carries the grantor (seller), the grantee (buyer), the recording date, the book and page, and the legal description. See the glossary on deeds.

What the deed index does not carry is the price. Georgia collects its real estate transfer tax through the PT-61, a separate form filed with the deed, and the consideration sits there. Public indexes and most data vendors show Georgia sales without a price for that reason. Groundbreak shows Atlanta sales as parties only: buyer, seller, date, parcel. When you see a vendor quoting an Atlanta sale price, it came from a press release or a broker, not the record.

How Georgia records a loan

Georgia does not use a mortgage. A lender takes a security deed (a deed to secure debt): the borrower conveys title to the lender, who holds it until the loan is repaid and then records a cancellation. The security deed names the lender, the borrower, the recording date and, unlike the sale deed, usually states the amount secured.

For a developer that already owns the land, the security deed is the public signal before the permit. A $40 million security deed to a bank on a parcel with a rezoning in process is a project that is funded. See construction loan.

Two follow-on instruments matter. A release or cancellation of a security deed means the loan was paid, usually at a sale or a refinance. A claim of lien by a contractor or supplier means someone on the job is not being paid. DeKalb's export carries both. See mechanic's lien.

DeKalb and Fulton publish differently

The City of Atlanta sits in both counties, and they are not alike.

DeKalb County publishes a daily official records export from the Clerk of Superior Court: every deed, security deed, release, lien and lis pendens, with the parties and the parcel. Groundbreak reads it every morning. Over the last 90 days that feed carried about a thousand deeds and a thousand security deeds, with the parties named on every one. DeKalb's permit applications, from the county's GIS, also carry the applicant's phone and email, which the city's permits do not.

Fulton County publishes no equivalent free daily feed. The Georgia Superior Court Clerks' Cooperative Authority indexes Fulton records statewide, behind a subscription and without bulk access. Groundbreak tracks Fulton through the assessor roll: when a parcel's owner of record changes, the sale appears with the old and new owner and the date the roll changed, never the recording day and never the price. A Fulton construction loan is not in the data at all.

The practical reading: a Decatur or Brookhaven or Stonecrest project shows its deed and loan the day they record. A Midtown or Buckhead project shows its owner change when the roll catches up, and its loan not at all. The coverage page keeps the current state of both.

Reading a recorded instrument as a lead

The question a recorded instrument answers is "is this project real yet", and it answers it in order.

  1. A deed to a new entity. An LLC named for the address or the project buys a parcel. Nothing filed. This is the earliest signal and the thinnest: a land deal can sit for years. Worth a note, not a call.
  2. A security deed on that parcel. The lender is named. Now there is a capital partner and a clock. Insurers and sureties want the lender's name; a lender wants to know who else is lending on the submarket. Groundbreak's most active construction lenders in Atlanta is this table, counted from DeKalb's export over 90 days.
  3. A planning case. A rezoning or a special administrative permit at the City of Atlanta names the applicant and the design team. See zoning cases.
  4. The building permit. The city permit names the contractor; the DeKalb permit application also carries a phone and an email.

A project with steps 1 through 3 and no step 4 is the one worth the call: owner named, lender named, design team named, general contractor still open.

Who this is for, and who it is not

If your work is in Fulton County outside DeKalb, be clear about what you will get: the owner of record when the roll changes, and no recorded loan. A Midtown or Buckhead lender's map is not in this data, and a product that licenses the statewide clerk index would serve a Fulton-only reader better.

If you need one parcel's history, DeKalb's Clerk of Superior Court search is free. The instruments become worth reading as a feed when you want to know, within a day, who bought and who lent on DeKalb development land across the county. For that reader, every Atlanta project file on the Atlanta development database carries its DeKalb deeds and security deeds with the parties on the Pro plan, the owner of record, the city permits and planning cases, and the change history. The most active lenders in Atlanta table is counted from the DeKalb export and is free.

Questions

Why doesn't a Georgia deed show the sale price?
Georgia collects transfer tax on a separate form, the PT-61, filed with the deed. The price is on the PT-61, not the deed itself, so a recorded deed index shows the buyer and seller and the date but no consideration. Groundbreak shows Atlanta sales with the parties and no price for that reason.
What is a security deed?
Georgia's version of a mortgage. The borrower conveys title to the lender as security for the loan (a deed to secure debt), and the lender reconveys it when the loan is paid. It is recorded with the Clerk of Superior Court and it names the lender, the borrower and in most cases the amount.
Does Groundbreak have Fulton County deeds?
Not as a daily feed. Fulton records are owner-of-record only, from the assessor roll, so a Fulton sale appears when the roll changes hands. DeKalb publishes a daily official records export with every deed, security deed, release and lien, and that is where Atlanta's recorded instruments on Groundbreak come from.
How soon after a land sale does the loan record?
Often the same day. A purchase funded with a loan records the deed and the security deed together. A construction loan on land already owned records on its own, months later, and that is the stronger signal that a project is about to break ground.

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