Georgia deed form templates are used in Georgia to transfer property from a grantor (seller) to a grantee (buyer). Different types of deeds exist depending on the situations surrounding the transfer of the property. The major difference between these three kinds of deeds is the level of guarantee they provide the buyer. While the general warranty deed offers the buyer complete protection and guarantee, a special warranty deed provides the buyer with a limited guarantee, and the quitclaim offers no guarantees.
Although one might be quick to write off the quitclaim deed, it does have its uses. It is advantageous when the property is transferred between family members or familiar parties. Still, regardless of the deed, the buyer should carry out a title search before the transfer is finalized.
As with any legal document, all deeds authorized in Georgia must follow specific requirements.
You may find the laws guiding Georgian deeds in Title 44, Chapter 5, Article 2 (Conveyances).
All deeds authorized in Georgia must be filed with the Clerk of the Superior Court.
All deeds authorized in Georgia must be signed before a Notary Public and two witnesses. The Notary Public can also serve as a witness if need be.
As earlier stated, three types of deeds are used to transfer property in Georgia. These deeds are:
This type of deed is used to convey property from a seller to a buyer with the guarantee that the seller is the actual owner of the property and has the legal right to transfer the property. With the deed, the seller accepts full responsibility for any claims or encumbrances regarding the property.
This deed is used to transfer property from a seller to a buyer with a limited guarantee. With this deed, the seller accepts responsibility for any claims or encumbrances tied to the title arising from when the property was his. By implication, the seller will not be held responsible for any issues with the title arising from before the property was in his name.
Quitclaim deeds are used to transfer property in Georgia without any guarantee to the title whatsoever. A grantor uses this deed to transfer whatever interest he may have in a title to the grantee. You must bear in mind that the grantor may not have any interest in the property being transferred. As in all property transfer cases, but especially in this one, the grantee should conduct a property search to gain explicit knowledge on the property/ title being transferred.
There are two major ways of completing a title search in Georgia. You can visit the Superior Court clerk’s office or go to this site to search all the counties via the Clerk’s Authority Website. The latter option will require you to open an account and remit a certain fee before viewing any document. You can find the different subscription options on this page. After subscription, you can follow the instructions below to conduct your title search:
Go here to visit the Clerk’s Authority website.
Locate and click on the “Search” button. You will be redirected to the applicable page.
On this page, you have several search options to choose from. You should conduct several searches for the property, including a real estate search and a lien search. To begin, click on the Real Estate Index button. A drop-down index will appear.
For this example, we will use the “Name Search” option. When you click on “Name Search,” you will be redirected to another page.
On the page you’re redirected to, enter the name of the grantor. When conducting this search, you’ll have to enter the grantor’s name as the “grantee” since you’re looking for information on when the property was transferred to him. From here, you can continue to work backward. When you click on “search,” you will be redirected to a different page, where you’ll be required to create an account.
A general warranty deed — also known as a ‘statutory warranty deed’ — is a document used in transferring ownership of real estate ...
A quitclaim deed, also called quitclaim, hands over the rights and ownership of a real estate property without guarantees from the seller (grantor) to...
A deed form is a document that transfers the title of a real estate property from the grantor (seller) to the grantee (buyer). The type of deed form n...