Georgia Deed of Trust

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Georgia Deed of Trust

A Georgia deed of trust transfers a borrower’s property title to a trustee as security for a loan from a lender. Also known as a “trust deed,” this document functions like a mortgage, with the addition of a third party (the trustee). Under this type of deed, however, the trustee is authorized to foreclose on the property on behalf of the lender if the borrower defaults on the agreement.

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Last updated April 28th, 2025

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A Georgia deed of trust transfers a borrower’s property title to a trustee as security for a loan from a lender. Also known as a “trust deed,” this document functions like a mortgage, with the addition of a third party (the trustee). Under this type of deed, however, the trustee is authorized to foreclose on the property on behalf of the lender if the borrower defaults on the agreement.

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Deeds must be signed by the borrower and a witness, and notarized.[1] Individuals filing their own deed must do so online.[2] If a representative is filing on another’s behalf, they must do so in person with the Superior Court Clerk.[3] A deed is eligible for filing if[4]:

  • The paper size is between 8.5″ x 11″ and 8.5″ x 14″
  • The first page has a 3″ top margin

Deed of Trust or Mortgage

Both mortgages and deeds of trust are permitted in Georgia. A mortgage places a lien on a title and requires court action to foreclose if a default occurs. A deed of trust transfers a title to a third-party trustee who may foreclose the property without court approval.

However, a “security deed” is more commonly used in Georgia for securing a loan with a property title.

Deed of Trust (Preview)

Sources

  1. §§ 44-5-30, 44-2-15
  2. § 44-2-2(d)
  3. § 44-2-1
  4. § 15-6-61(10)