Secured Debt Shall For Loan In Georgia
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FAQ
Yes. A security interest in real estate expires (in other words, become unenforceable) seven years after expiration of the maturity of the debt.
Every deed conveying lands shall be recorded in the office of the clerk of the superior court of the county where the land is located.
"It is the opinion of the State Bar of Georgia that the physical presence of an attorney is required for the preparation and execution of a deed of conveyance (including, but not limited to, a warranty deed, limited warranty deed, quitclaim deed, security deed, and deed to secure debt).
Except for documents electronically filed as provided for in Chapter 12 of Title 10 and Part 1 of Article 1 of Chapter 2 of this title, a deed to lands shall be an original document, in writing, signed by the maker, attested by an officer as provided in Code Section 44-2-15, and attested by one other witness.
The requirement in Georgia is that the notary must attest, or in plain terms, actually witness the signing of the document for it to be valid and recordable. In common practice, deeds and documents involving real property in Georgia are prepared by Georgia attorneys and are executed in the state.
(a) All transfers of deeds to secure debt shall be in writing; shall be signed by the grantee or, if the deed has been previously transferred, by the last transferee; and shall be witnessed as required for deeds.
- To admit a deed to record, it must be a perfect deed. It must be attested by two witnesses. It must be attested or acknowledged, if executed in this state, as provided in former Civil Code 1910, § 4202 (see O.C.G.A. § 44-2-15), or it must be probated as provided in former Civil Code 1910, § 4205 (see O.C.G.A.
