A Georgia special warranty deed transfers a property’s title from a grantor (seller) to a grantee (buyer) with assurances that the grantor has settled all third-party claims (tax liens, easements) from their period of ownership. This is to say that the seller promises the buyer that they haven’t done anything to encumber the title but makes no guarantee that previous owners have left it clear. The grantee is assured that the grantor has the right to convey the property and that they are the legal owner.
To protect themselves from defects left by previous owners, the grantee may wish to purpose title insurance or perform a title search at the county assessor’s office.
- 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.