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Pass Georgia

Georgia-specific term

Title theory

The doctrine, followed in Georgia, under which legal title to secured property passes to the lender for the life of the loan rather than remaining with the borrower.

How the exam uses title theory

Questions ask who holds title during the loan term. In a lien theory state the answer is the borrower. In Georgia it is the lender.

This is one of the terms Georgia handles differently from most states. If you prepared with a national question bank, check what it taught you here, because that is exactly where the state supplement takes marks back. The full list of Georgia differences.

What a question on this looks like

Georgia secures real estate loans using a:

Answer: Security deed Georgia is a title theory state and uses a security deed, sometimes called a deed to secure debt. Legal title passes to the lender until the debt is repaid.

Related terms

  • Security deed: The instrument Georgia uses to secure a real estate loan, sometimes called a deed to secure debt. Legal title passes to the lender until the debt is repaid.

Drill this in context at practice by topic, or browse the full glossary.