Show 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. Commonly Used Deeds
Estate Deeds
Other Deeds
Georgia Mortgages
IMPORTANT NOTE. Adding a Co-Owner to Title? Questions? Speak with a Real Estate Lawyer CHRIS PAHL 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."
+ Warranty Deed The Warranty Deed delivers the highest quality of title. In a Warranty Deed, the grantor agrees to warrant and defend the grantee against a defect in title. So long as each successive conveyance is by Warranty Deed, an original grantor may continue to be liable to successors. In practicality, often when a defect is discovered, the party giving the warranty is either long gone or unable to pay. Therefore, title insurance becomes an indispensable mechanism for a purchaser in ensuring unencumbered title. An owner's title insurance policy continues to be valuable, even after the property has re-sold, since the grantor may retain liability for the warranties to any new purchaser.
+ Limited Warranty Deed The 2014 GAR Purchase and Sale Agreement calls for this type of deed. Historically, the Limited Warranty Deed has been used only by corporate entities, such as builders or developers in order to limit the seller ("grantor") from liability. This type of deed does not contain general warranties of title, but instead warrants against only those liens or encumbrances created by the seller.
+ Special Warranty Deed The Special Warranty Deed is generally used when a government entity is selling a foreclosed property. Other than name, this deed is the same as the Limited Warranty Deed.
+ Builder's Deed The Builder's Deed is sometimes seen when a builder or developer is selling newly built homes. Other than name, this deed is the same as the Limited Warranty Deed.
+ Quitclaim Deed The Quitclaim Deed (also "Quit Claim" Deed), often incorrectly referred to as the "Quick Claim Deed", conveys only that interest held by the
Grantor, if any at all. Not all Quitclaim Deeds are drafted alike. Some Quitclaim Deeds contain a warranty that the Grantor has not already given away his interest. Other Quitclaim Deeds, such as the "Deed of Gift" often omit such warranty and convey whatever interest the Grantor holds, if any at all. Clicking on any deed type below will open a description for that deed.
+ Executor's Deed An Executor's Deed conveys interest out of an Estate where an Executor has been appointed by the Probate Court to carry out instructions in the deceased person's Last Will and Testament.
+ Administrator's Deed An Administrator's Deed conveys interest out of an Estate where an Administrator has been appointed by the Probate Court. Administration of an Estate comes in two varieties. If a person dies without a Last Will and Testament, the Probate Court appoints an Administrator to act on behalf of the Estate. However,
sometimes a person dies with a Last Will and Testament, but the named Executor is unable or unwilling to assume the responsbilities of an Executor. In this situation, the Probate Court Judge will appoint an Administrator. A deed executed by an Administrator in these circumstances is called an Administrator's Deed de Bonis Non Cum Testament Annexo (DBNCTA) which is an Administrator's Deed with the Last Will and Testament Annexed.
+ Deed of Assent This type of Deed is executed by the Executor when the transfer is made per specific instruction contained the Last Will and Testament of a deceased person. Under Georgia law, where there is a specific devise of real property
found in the Will, a Deed of Assent merely acknowledges the passage of title to the party named in the Will.
+ Trustee's Deed When property is conveyed out of a Trust, generally, the type of instrument used is called a
Trustee's Deed. Under Georgia law, trusts are not recognized as legal entities. Therefore, conveyances into and out of trusts must be in the name of a trustee. Typically, the name of the trustee is recited with the name of the beneficiary. Clicking on any deed type below will open a description for that deed.
+ Spousal Deed A spousal deed can be any type of deed that is used to add a spouse to title. Consider using a Warranty Deed instead of a Quitclaim Deed, since deed changes may affect coverage under existing title policies. The Due on Sale Clause Questions? Speak with a Real Estate Lawyer CHRIS PAHL Georgia Mortgages Explained 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.
+ GA. Code 44-14-60 – Absolute conveyances GA. Code 44-14-60
Absolute conveyances (Georgia Code (2013 Edition)) Questions? Speak with a Real Estate Lawyer CHRIS PAHL  Lorem ipsum dolor sit amet, sapien platea morbi dolor lacus nunc, nunc ullamcorper. Felis aliquet egestas vitae, nibh ante quis quis dolor sed mauris. Erat lectus sem ut lobortis, adipiscing ligula eleifend, sodales fringilla mattis dui nullam. Ac massa aliquet. +1(678)448-4148 COMMERCIAL & RESIDENTIAL PROPERTY FINANCE CORPORATE LAW 945 E Paces Ferry Road, Resurgens Plaza The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before deciding to pursue representation, please review our qualifications and experience. The information presented at this site should be construed as general information only and is intended to neither offer formal legal advice nor create an attorney-client relationship. How does a security deed work in Georgia?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.
What is a security deed?It is a legal document creating general security interests over all of the property of the Grantor. Such a document is intended to secure the performance of obligations, especially the repayment of loan.
Is a security deed the same as a note?To Recap: The Deed is a recorded document memorializing the transfer of property from the Grantor to the Grantee. The Note is an unrecorded paper that binds an individual who has assumed debt through a promise-to-pay instrument.
Does a deed have to be recorded to be valid in Georgia?In the state of Georgia, in order for ownership of property to be validly transferred, a property deed must be recorded and notice of the transfer made.
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