Georgia Granting Clause
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How to fill out Granting Clause?
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FAQ
Although it is not required, we suggest that you have a lawyer prepare the deed. Where are Deeds Recorded? O.C.G.A. § 44-2-1 provides that 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.
Requirements to be filed The deed must describe the real property, full legal description. Name the party/parties transferring the property (grantor) Name the party/parties receiving the property (grantee) Be signed and notarized by the grantor with a witness.
Execution ? A deed must be in writing and signed by the grantor(s). Generally, deeds conveying a homestead estate must also be signed by the grantor's spouse.
A quit claim deed can be used to transfer property or titles. Deeds can be used to transfer property or titles from a grantor (or seller) to a grantee (or buyer). Warranty and limited warranty deeds are usually the most reliable because they offer a ?covenant? proving that the land is indeed owned by the grantor.
Georgia does not use a Deed of Trust. Two witnesses are required to witness the signature of the grantor for a security deed to be recorded. One of the witnesses may be the notary taking the acknowledgment. This law applies whether the documents are executed in Georgia or another state.
- 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.
539 (1876). This conforms with Georgia's race/notice standard which provides that a purchaser who has actual notice of a prior instrument does not have priority over a subsequent purchaser even if that prior instrument is unrecorded or defectively recorded.
- 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.