Georgia Deed of Trust - Release

State:
Multi-State
Control #:
US-00489
Format:
Word; 
Rich Text
Instant download

Description

This form authorizes the chancery clerk or the recorder of deeds to release from the deed of trust or mortgage certain property described in the document.
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FAQ

Georgia adverse possession laws require 20 years of occupation in order to claim title. Adverse possession laws are commonly referred to as "squatters' rights" laws, since they often are invoked by squatters who inhabit land or structures otherwise left unused.

One of the necessary parts is the granting clause, also known as the words of conveyance. They will describe exactly what rights the grantee is receiving in the deed, and whether the grantee is taking title to the property with another person.

- 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.

Mortgages are used, but they are rare. A security deed (deed to secure debt) is the customary security instrument in Georgia. Georgia does not use a Deed of Trust.

Ga. Code § 44-2-1 A deed may be recorded at any time; but a prior unrecorded deed loses its priority over a subsequent recorded deed from the same vendor when the purchaser takes such deed without notice of the existence of the prior deed.

You can access all recorded deeds, liens, plats and UCC's online at gsccca.org or visit our office at 75 Langley Drive, Lawrenceville GA 30046. There is a fee to access the website and a $2.50 charge for 1st copy printed, and $1.00 per page after 1st page.

In addition to the requirement that deeds be prepared in writing, the written deed in Georgia must contain the following elements and conventions: Grantor name The person with the legal capacity to contract and convey, usually the seller Could also be an executor, administrator, sheriff, or person giving a gift Grantee ...

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. To find a lawyer, you may visit the State Bar of Georgia website at .gabar.org/.

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Georgia Deed of Trust - Release