Glennville, GA asked in Real Estate Law for Georgia

Q: I went to my courthouse in Georgia to get a copy of the security deed, etc. These are not all originals. What now?

My Security Deed, Waiver Of Borrower's Rights (3 pages), and Closing Attorney's Affidavit (not done in our presence at closing) are not the original documents. The QR codes at the bottom of the page are bigger than the original closing documents. Someone took our signatures, our witness', and the Notary Public's/Closing Attorney's off of the originals and copied them onto these documents. I understand these documents are supposed to be originals. What can I do about this? Thank you for your answer, but the document QR codes do not change at all when copied. If they did, all of them would have changed. Should I make a police report with my sheriff's office because they will start foreclosure again in February?

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1 Lawyer Answer
James Clifton
James Clifton
  • Fayetteville, GA
  • Licensed in Georgia

A: The clerk of court does not maintain the original security deed. Original documents, with the exception of the note, are rarely, if ever, needed in real estate after they have been recorded by the clerk. The closing attorney returns the original security deed and attachments to the lender, who is the legal holder of those documents, after they have been recorded by the clerk. The size and shape of the originals are often times changed when the documents are scanned into the clerk's recording system. If you have allegations of fraud, you need to contact the lender, the closing attorney, and an attorney.

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