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Real estate glossaryGeorgia-specific rule

Title theory

Title theory describes a financing system in which the security instrument places legal title with the lender until the secured debt is satisfied, while the borrower keeps equitable ownership and possession.

Exam area: Finance and Closing

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What does “title theory” mean in real estate?

Title theory describes a financing system in which the security instrument places legal title with the lender until the secured debt is satisfied, while the borrower keeps equitable ownership and possession.

How is “title theory” different from the closest wrong answer?

In a lien-theory state, the borrower keeps legal title and the lender holds a lien. Georgia's security-deed system follows the title-theory result.

What is the Georgia-specific rule?

Georgia is tested as a title-theory state because a security deed passes title to the grantee until cancellation or reconveyance after payment.

Worked exam example

Scenario

A question asks who holds legal title during the life of a Georgia loan secured by a deed to secure debt. The lender is the legal titleholder for security purposes.

What is the most common exam trap?

Trap correction

Title theory does not mean the lender has ordinary ownership rights to occupy or use the property while the loan is current.

Original exam check

Apply the definition

A Georgia homeowner is current on a loan secured by a deed to secure debt. Which statement describes the parties' positions during the loan?

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Continue with Finance and Closing complete lesson. It places this term inside the full rule, worked examples, exam traps, and mixed practice required for mastery.