Updated April 09, 2024
A Georgia limited warranty deed or special warranty deed provides a method of transferring property from one person to another in Georgia. Rather than providing a full warranty on the transfer, it provides a limited warranty whereby the seller (or grantor) agrees to defend the buyer (or grantee) against any claims made through the seller. This means that the seller is stating that he or she guarantees that he or she has not transferred any interest in the property while he or she has had the property, however, there is no guarantee as to transfers that may have occurred before the grantor had the property. A thorough search of land records should be completed before any transfer.
Law – Title 44, Chapter 5, Article 2 (Conveyances)
Recording – All deeds must be filed with the Clerk of the Superior Court.
Signing (Ga. Code Ann., § 44-5-30) – A notary public and one other witness must attest to the execution of the deed.
How to Write
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I. Georgia Clerk Instruction
(1) Return Party. The Individual elected to receive the executed Georgia statement below after the Georgia Clerk of the Superior Courts has filed its information with the State as the Return Recipient along with his or her full mailing address.
II. County Of Service
(2) Georgia County. The County where this document is registered with the State of Georgia will be required in the header of this document.
III. Statement Of Georgia Conveyance
(3) Effective Date. A record of the calendar date when the Grantor issuing this paperwork releases his or her current ownership to the Grantee must be established by recording it in the first statement.
IV. Georgia Property Grantor
(4) Georgia Grantor Name. Continue through the conveyance statement to name the Grantor (typically the current Owner of the Georgia property) where requested.
(5) Address Of Georgia Grantor. The Georgia Property Grantor’s actual street address, County, and State of residence is needed by this statement so that he or she can be easily identified and found through this paperwork.
V. Grantee Assuming Georgia Property
(6) Georgia Property Grantee Name. It is important that the Individual or Entity receiving the Georgia property is properly identified in this statement. Therefore the legal name of every Person or Party assuming ownership over the Georgia property should be supplied to this statement where requested. if more room is needed to attach the Grantee’s names, an attachment can be made so long as it is kept with this paperwork at all times.
(7) Address Of Georgia Grantee. The address where the Grantee of the Georgia real property maintains his or her home must be distributed across three lines with his or her street address (consisting of the building/street/apt), County, and State.
VI. Witnesseth
(8) Georgia Grantee Payment. The payment that the Georgia Property Grantor received in exchange for his or her current ownership over the concerned real property must become a matter of record in this document. to this end, write out the payment amount then confirm it with a numerical entry using the spaces requesting these items.
(9) Georgia Property Conveyance. The Georgia property’s legal description, as well as its physical address, is mandatory for the purpose of this statement. This information should be recorded directly from the current deed of the property as it is kept on the books with the State of Georgia.
VII. Georgia Grantor Signature Statement
(10) Signature Of Georgia Grantor. The Georgia Property Grantor will need to confirm that he or she intends to release the property after the receipt of the payment amount reported. This action requires the Georgia Grantor to sign his or her name before an Adult Witness and Notary Public.
(11) Unofficial Witness Signature. After the Georgia Grantor signing, the observing Witness must sign this paperwork where requested.
(12) Notary Public Effect. The Notary Public that has overseen the Georgia Property Grantor’s signature process will verify the notarization process as complete using the final area.
