Georgia Warranty Deed

Save Hundreds vs Attorney Fees

Professional Legal Document – Only $9.99

(Typical legal consultation: $79–$149)

  • Professional MS Word formatting
  • Fully editable & reusable
  • Attorney-reviewed templates
  • Lifetime updates included
  • 100% Satisfaction Guarantee
GET INSTANT ACCESS Immediate download available
Accepted payment methods: Visa, MasterCard, Amex, PayPal, Discover

What Is a Georgia Warranty Deed?

An Georgia warranty deed is a legal instrument that transfers real estate ownership while providing the highest level of protection to the buyer. The seller (grantor) legally guarantees that they hold clear title, have the right to convey it, and that the property is free of undisclosed liens. If a title defect from the property's history is discovered later, the buyer can hold the seller liable.

When to Use a Warranty Deed in Georgia

  • Purchasing residential or commercial property from an unrelated seller in a traditional sale.
  • Satisfying the requirements of a title insurance company to issue a title policy.
  • Meeting a mortgage lender's requirements for maximum title protection before loan approval.

Georgia Requirements for Warranty Deeds

  • Signing: The grantor(s) must sign the deed.
  • Notarization: The grantor's signature must be acknowledged by a notary public.
  • Witnesses: 0 (legally just notary needed, though 1 witness is recommended) witnesses are required by Georgia law.
  • Recording: The deed must be filed with the County Clerk of Superior Court in the county or jurisdiction where the land is located.
  • Transfer Tax / Recording Fees: $1.00 per $1,000. Attorney-closing state; transfer tax on deed.
  • Legal Description: A complete and accurate legal description of the property is mandatory.

Warranty Deed vs Other Deeds in Georgia

An Georgia warranty deed holds the seller financially responsible for any past title defects, providing the buyer with maximum protection. In contrast, a quitclaim deed offers zero protection, as the seller only transfers their current interest without any guarantees.

Frequently Asked Questions

What is a limited warranty deed in Georgia?

Georgia recognizes both general warranty deeds and limited warranty deeds (also called special warranty deeds). A general warranty deed guarantees the title against all defects, even those from before the seller owned the property. A limited warranty deed only guarantees against defects that arose during the seller's period of ownership. In Georgia, limited warranty deeds are common in commercial transactions and foreclosures, while general warranty deeds are standard for residential sales.

Is a warranty deed enough to prove clear title in Georgia?

A warranty deed provides a legal guarantee from the seller that the title is clear, but it does not independently verify the title history. In Georgia, buyers should always obtain a title search and title insurance, as the warranty only gives you the right to sue the seller if a problem surfaces. If the seller has moved, become insolvent, or died, the warranty may be difficult to enforce.

Where do I record a Georgia warranty deed?

You must take the original, notarized deed to the County Clerk of Superior Court in the jurisdiction where the property is physically located and pay the required recording fee.

Does a warranty deed transfer my mortgage in Georgia?

No, a deed only transfers the property title. It does not eliminate your financial obligation to pay an existing mortgage. You remain responsible for the loan unless the lender explicitly agrees to a refinance or assumption.

Are there transfer taxes on a Georgia warranty deed?

$1.00 per $1,000. Additional local recording fees also apply when filing the deed.

Can I write my own warranty deed in Georgia?

Yes, you can draft your own deed as long as it strictly adheres to Georgia's legal requirements for formatting, legal description, and notarization.