Bulletin: GA2013005

Dear Associates:

We have experienced a significant number of claims in recent years arising from search and exam errors. Many of these losses occurred because the search of title was not long enough or because the issuing agent relied on an inadequate prior title insurance policy or starter. Georgia has a minimum period of time for a title examination required by state law and pursuant to a marketable record title act. The State Bar of Georgia has adopted Title Standards, which defines a complete title exam to determine marketable title to be fifty years or more provided the basis is a warranty deed. The marketable title act has a 40-year search requirement. It is local custom and practice to follow the Title Standards unless a Georgia licensed attorney in good standing certifies title as marketable in writing based upon a search of less than 50 years.   

Company Policy: Issuing Agents should require a minimum of a 50-year search unless you are provided with a prior title policy as a basis to begin the title examination. The prior policy or starter must meet the requirements of the Company’s title search standards or you must contact a local underwriter for approval to perform a reduced search on the property.  

As a reminder, a title search of any land located in Georgia must be conducted in the Office of the Clerk of the Superior Court in the county where the land lies. The use of the Georgia Superior Court Clerks' Cooperative Authority or other online records to search title is not approved by the Company and Issuing Agents use these records at their own risk.

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

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