Georgia Warranty Deed Form

This Georgia warranty deed is completed and signed to assure the buyer that the property owner has a legal right to possess and manage it. Moreover, by signing the Georgia warranty deed, the seller signifies their commitment to grant title to the second side on certain conditions. As this legal paper is crucial for future business deals, we recommend filling it out using our built-in online PDF editor.

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Warranty Deed Laws and Requirements in Georgia

Warranty Legislation in Georgia

The main lawbook of the Georgia State is the Georgia Code, and all the issues covering the property deals are stipulated in Title 44. There is no obligatory requirement for signing this document while carrying out any legal procedures between the owner and the buyer. It is enough to register a deal, and the absence of a special warranty cannot make it ineffective (§ 44-5-33). So there is no form specially assigned for this deed in Georgia.

The Code (§ 44-5-62 and § 44-5-63) also specifies some promises that the grantor makes by signing the warranty of title. These include:

  • The right of the property holder to possess and transfer it
  • Their Commitment to protecting this possession from any future complaints
  • The absence of any hidden problems with the property that may occur in future

The Wording and Signing Requests

The acting Georgia legislation also minutely explains all the necessary conditions concerning compilation, signing, and further recording of the Georgia warranty deed.

Generally, the following terms must be considered while drawing up the guarantee paper:

  • This agreement must be in a written form. Any other way of closing the deal such as audio or video recording are not permitted.
  • Both parties of this transaction must participate in the compilation of the form and have to be identified personally.
  • The guarantee form necessarily includes a thorough description of the possession being conveyed, as well as the sum of reward paid by the purchaser.

If you are unsure about the terms to use in the form, our online PDF editor can assist you overcome all difficult issues.

The subscription of this paper is executed by both sides too. Two adult witnesses must participate and sign the document simultaneously (§ 44-2-21). When all the signatures are collected, the notarization must proceed. The notary public has a legitimate right to act as one witness, but in such a case, they have to sign the guarantee form twice—as a notary public and as a witness.

Recording of the Property Deal

The warranty document acquires a full legal force only after the recording. Before submitting the completed form to the responsible state body, pay the required fee.

According to the general rule, the registration of a title transmission is carried out by the official employer of a court located in the same district as the property in question. Again refer to the Georgia Code for a clear explanation: § 44-2-1.

All in all, it doesn’t matter when to bring your documents for a final recording after signing. There are no strict rules about it. Yet keep it in view that your agreement will become invalid if another contract concerning the same realty is recorded before you complete this procedure.

How to Fill Out and File a Warranty Deed in Georgia

Follow our recommendations and use our form-building software to fill out the paper. You have to perform the following actions:

1. Start with the Heading of the Form

In this section, write the names and addresses of both parties. The next owner will get the registered original of this paper. Leave the right part of the heading empty for the court officer to record.

2. Fill in Required Information about the Parties

Start with designating Georgia’s district where the property is located. Proceed with filling out the names and mailing addresses of the participants, including the seller, the buyer, and the third parties.

3. Don’t Forget to Define the Amount of Reward

The sum of money paid by the buyer must be indicated on the document, and it is also called “consideration.” The full description of the property transferred is also essential because it specifies the object of sale. If any obstacles occur, you can simply take that definition from the previous deed.

4. Write Down All Signatures, Date and Notarize Your Agreement

Verify the presence of all signatures before giving this paper to the notary. Now your guarantee deed is entirely ready for registration.

Published: May 13, 2021