Deed of Trust Modification means, with respect to any Deed of Trust, a modification agreement entered into between the Borrower or the Project Owner, as applicable, and the Lender, modifying the terms and conditions of the Deed of Trust in order to (i) add to the lien of the Deed of Trust Additional Lots, or (ii) make ...
A security deed (deed to secure debt) is the customary security instrument in Georgia. Georgia does not use a Deed of Trust.
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.
- 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.
House Bill 888, also known as the “Georgia Not On My Deed Act,” said when a deed is presented to a superior court clerk in person or electronically, the clerk may require a government-issued photo ID.
Georgia law provides that a security deed can be cancelled by the Clerk of Superior Court upon receipt of an affidavit from an attorney with specified attachments.
Georgia law provides that a security deed can be cancelled by the Clerk of Superior Court upon receipt of an affidavit from an attorney with specified attachments.
(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.