Georgia Warranty Deed for Surface with Limited Warranty

State:
Multi-State
Control #:
US-OG-320
Format:
Word; 
Rich Text
Instant download

Description

This form of deed conveys the surface estate in existing lands pursuant to a contract of sale.

How to fill out Warranty Deed For Surface With Limited Warranty?

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FAQ

A Georgia warranty deed form is a legal document used to transfer Georgia real estate from one party (the grantor or seller) to another (the grantee or buyer). A warranty deed provides the grantee with a guarantee that the grantor has clear title to the property and has the legal authority to transfer it.

In Georgia, a limited warranty deed (also known as a special warranty deed) transfers title in fee simple to the grantee with warranties and covenants of title that are limited only to acts arising by, through, or under the grantor.

Cons: Fewer protections for buyers, who are now responsible for addressing any previous liens or claims for the property. Lenders and title companies may refuse to help buyers secure financing or title insurance for a property sold under special warranty.

A limited warranty deed transfers legal title to real property. However, this type of deed does not promise clear title; it only guarantees the title for the period during which the grantor owned it. Despite this, it is useful in some situations.

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 ...

General Warranty Deed forms are under FEES AND FORMS. Warranty Deeds require a PT-61 and payment of transfer tax at the time of recording unless exempt; O.C.G.A. §48-6-1; §48-6-2. PT-61's are available online. Forms must be completed online, printed and submitted with deed at the time of recording.

A special warranty deed?also known as a limited warranty deed?is a variation of the general warranty deed. While the word "special" may communicate to a buyer the idea that the deed is of higher quality, the special warranty deed is less comprehensive. It offers less protection due to the limited timeframe it covers.

A special warranty deed or limited warranty deed only guarantees that no title problems occurred during the time the seller has owned the property. That means the previous owner can't be held accountable for creditors' liens or other issues that occurred before they took possession of the home.

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Georgia Warranty Deed for Surface with Limited Warranty