A Georgia deed is used to record the conveyance of a property from one party to another (from grantor to grantee). The deed becomes public record once it has been filed with the superior court for the jurisdiction in which the property is located. In most cases, a deed will be used to transfer real estate from a buyer to a seller. A deed of trust, however, transfers the property’s title to a trust to be held until the borrower of a loan has repaid it in full. Another deed type, the quit claim deed, is usually used between family members or friends because it offers no assurances to the grantee regarding the quality of the property title.
Deed of Trust – Used when a lender has contributed towards a borrower’s property purchase and gives the real estate title to a trustee until the lender has been repaid.
General Warranty Deed – The most secure type of deed, it gives the grantee a guarantee that there are no claims on the property from its current and previous owners.
Quit Claim Deed – Conveys the title of a property without any assurance that it is free of encumbrances.
Special Warranty Deed – The same as a general warranty deed, except that it only guarantees that there are no property interest claims against the current owner.
- Formatting (§ 44-5-33): The deed must record the transaction between the parties.
- Signing Requirements (§§ 44-5-30): Must be attested by an officer (44-2-15) and one (1) other witness.
- Where to Record: Superior Court
- Recording Fees (Superior Court Clerks “Cost Schedules” ): $25
- Form PT-61 (Rule 560-11-2-.16(1)(f) & (2)): Attached to and filed with the deed.