What is a Deed? A deed is a document that conveys, or passes, real estate from one party to another. Whether you buy a house from a stranger, inherit it from your parents or add your spouse to the home’s title, a deed accomplishes the deed of transferring the title. It contains the names of the current owner (the grantor) and the new owner (the grantee), the legal description (parcel of land, lot number, plat book and page number and property address) of the property, and is signed by the grantor. Transfers of real property must be in writing and notarized. Deeds will be recorded in the county where the property is located.
When you are buying property, you also need to choose how you are going to hold title. Co-buyers can take title as joint tenants with right of survivorship or tenants in common.
The following are deeds that are used for transfer of real property in Georgia:
Georgia Deed Transfer
You will find that in georgia property law most real property transfers of ownership are done by using a general warranty deed. A Georgia warranty deed conveys real property with warranty covenants to the buyer. It requires an acknowledgement of the grantor’s signature.
Types of Georgia Warranty Deeds:
- Individual Grantor to Individual Grantee
- Individual Grantor to Two Individual Grantees
- Individual Grantor to Corporation Grantee
- Individual Grantor to Living Trust Grantee
- Two Individual Grantors to Individual Grantee
- Two Individual Grantors to Two Individual Grantees
- Two Individual Grantors to Corporation Grantee
- Two Individual Grantors to Living Trust Grantee
- Corporation Grantor to Individual Grantee
- Corporation Grantor to Two Individual Grantees
- Corporation Grantor to Corporation Grantee
- Living Trust Grantor to Individual Grantee
- Living Trust Grantor to Two Individual Grantees
- Living Trust Grantor to Living Trust Grantee
Transfer of property may also be done through a special or limited warranty deed or quitclaim deed.
A contract for deed, land contract or installment agreement is used when the seller agrees to finance the purchase of the property and holds title or deed as security until the buyer makes all the payments.
First of all, it’s called a quitclaim deed, not a quick claim deed. You’re welcome. A quitclaim deed transfers ownership interest of the grantor to the grantee without any warranties or guarantees that title is good or that the property is free of liens or claims. A quitclaim deed is used mostly in non-sale transactions such as transfers between spouses.
Deed of Trust
A deed of trust or trust deed is similar to a mortgage. Title is transferred to a trustee, which is usually a trust or title company that holds the real property as security for the borrower’s loan. At the time the loan is paid in full, title is transferred to the borrower. The only powers that the trustee has is the power of sale if the borrower defaults. The trustee can then sell the property to pay off the lender at a foreclosure sale auction.
Grant deeds transfer ownership from the grantor to the grantee. The grantor promises that title has not been transferred previously and that there are not any encumbrances, other than those stated in the deed.
A warranty deed is the most common type of deed used in most purchase and sale transactions. It offers the best protection for the grantee because it guarantees that the title is good and marketable. The grantor promises the grantee that the grantor will defend the grantee from any all claims made by third parties. The general warranty deed contains the following provisions:
- Amount of consideration
- The names and addresses of the grantor and grantee
- City and county where the property is located and the legal description of the property
- Signature of the parties
- Notary acknowledgement
Deeds Without Warranty
When a special or limited warranty deed is used, the grantor only warrants that there are no title defects during the time the grantor owned the property. The special or limited warranty deed gives the grantee greater protection than a quitclaim deed and less protection than a full or general warranty deed.
Lawyers for Deeds
Real property laws and transfer of ownership interests are complex matters. There may be tax implications as well. If you are transferring property in Georgia, you should seek the help and advice of a real estate lawyer.
Do you have any questions or comments? Please let us know!
Ready to make Savannah, GA your home? Start searching Savannah homes for sale today!
My name is Don Callahan and I am an experienced and top producing Realtor in Savannah, Ga. Please don’t hesitate to contact me for any Real Estate needs and questions… My telephone number is 912-441-4416 or you can email me at [email protected]. Connect with me on my Facebook Page for even more events and happenings in the Savannah area, as well as home ownership tips, real estate market updates, and so much more!