Georgia Deeds & Mortgages Explained


In a real estate transaction, the deed accomplishes two important things.  First, the deed mechanically makes the buyer the new, legal owner of the property while specifically making the seller no longer the owner of the property.  In legal parlance, the buyer's deed vests title in the buyer and divests the interest of the seller. Secondly, the deed establishes what liability will remain with the seller over future years, if any, should certain defects arise. Because liability is a major concern for both buyers and sellers, the quality (or type) of deed is always specified in a competently drafted purchase and sale agreement.

The following deed types are the more common instruments used in Georgia, not all of which are customarily used in the context of a purchase and sale transaction—

Commonly Used Deeds
  • Warranty Deed
  • Limited Warranty Deed
  • Special Warranty Deed
  • Builder's Deed
  • Quitclaim Deed
Estate Deeds
  • Executor's Deed
  • Administrator's Deed
  • Deed of Assent
  • Trustee's Deed
Other Deeds
  • Foreclosure Deed
  • Deed Under Power
  • Spousal Deed
  • Deed of Gift
Georgia Mortgages
  • Security Deed
  • Deed to Secure Debt
  • Security Instrument


IMPORTANT NOTE.
In Georgia, when an Owner's Title Policy is acquired at closing, the policy insures the purchaser regardless of the quality (type) of deed delivered at closing.
Adding a Co-Owner to Title?
Any party desiring to change title should speak with a reputable Georgia real estate attorney first.  Changing ownership by common method of quitclaim deeding has serious potential consequences to any title insurance policies in effect, since conveyances subsequent to issuance of a title policy may void coverage.

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Questions? Speak with a Real Estate Lawyer
CHRIS PAHL
Attorney at Law
3575 Piedmont Road
Building 15, Piedmont Center
Suite 120
Atlanta, GA 30305
+1.678.448.4148 Tel






Commonly Used Deeds in Georgia
Did you know that the Georgia Association of Realtor Purchase and Sale Agreement form was changed in 2014 to reduce the quality of title required by a seller? Instead of requiring a seller to deliver by "Warranty Deed," a seller is now only required to delivery by "Limited Warranty Deed."

Read more about the various types of deeds used in Georgia.
(Click on Any Header for Detailed Information)


Estate Deeds
Clicking on any deed type below will open a description for that deed.


Other Deeds
Clicking on any deed type below will open a description for that deed.


The Due on Sale Clause
Careful when adding parties to your deed. Adding anyone other than a legal spouse, may trigger the due on sale clause in the mortgage and create a default situation.

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Questions? Speak with a Real Estate Lawyer
CHRIS PAHL
Attorney at Law
Georgia Title & Escrow Co LLC
3575 Piedmont Road
Building 15, Piedmont Center
Suite 120
Atlanta, GA 30305
678.448.4148 Tel




Georgia Mortgages
Georgia Mortgages Explained

Americans use the term "Mortgage" in everyday vernacular to refer to their monthly house note payment. Technically, the legal term varies from State to State, but a tighter definition of mortgage may be better stated as "the interest of a mortgage creditor to real estate involving a home loan."  Some States use a deed of trust as the mortgage instrument, some states use a deed to secure debt while others use an instrument actually called a "mortgage."  
In the State of Georgia, the instrument used to secure a debt on property is called a "Deed to Secure Debt" or "Security Deed."   Under Georgia law, the lender is deeded the property, but in a lesser form of a deed that becomes activated if the borrower defaults in some way.  In the words of Georgia courts, "a security deed, although conveying the legal title, does so for the purpose of security only."  By comparison, in some states a lender has only a potential claim or lien on the property.  In practicality, it means that foreclosures in Georgia, like most other States, are by non-judicial process, whereas in mortgage lien States, the foreclosure process tends be through the court system.

Georgia "Waiver of Borrower Rights"
One component of the mortgage document in Georgia is called the "Waiver of Borrower Rights."  This waiver essentially means that Georgia does not require a court hearing before a lender may foreclose on property.  However, these waivers do not prevent a borrower from requiring a lender to go to court. Instead, the lender is not required to go through a lengthy court process to recover the secured property.


Questions? Speak with a Real Estate Lawyer
CHRIS PAHL
Attorney at Law
Georgia Title & Escrow Co LLC
3575 Piedmont Road
Building 15, Piedmont Center
Suite 120
Atlanta, GA 30305
678.448.4148 Tel

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+1(678)448-4148
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