A Georgia deed of trust transfers a borrower’s property title to a third-party trustee as collateral for a loan secured from a moneylender. Sometimes known as a “trust deed,” this document functions similarly to a mortgage, except a mortgage is an agreement between two (2) parties, while a trust deed is an arrangement between three (3). Because the real estate in question is put up as security, the trustee can foreclose on the property on behalf of the lender if the borrower fails to make payments.
It should be noted that a security deed is more commonly used in Georgia.
- Formatting: § 44-5-33
- 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)): Must be filed when this deed is recorded.