Document and Form Information

General Information on Preparation of Deeds of Conveyance

It is the opinion of the State Bar of Georgia that the physical presence of an attorney is required for the preparation and execution of a deed of conveyance (including, but not limited to, a warranty deed, limited warranty deed, quitclaim deed, security deed, and deed to secure debt). The Supreme Court of Georgia has consistently held that it is the unauthorized practice of law for someone other than a duly-licensed Georgia attorney to prepare or facilitate the execution of such deed(s) for the benefit of a seller, borrower, or lender. See Formal Advisory Op. No. 86-5 (86-R9) (May 12, 1989); Formal Advisory Op. No. 00-3 (Feb. 11, 2000); and Formal Advisory Op. No. 03-2 (Nov. 10, 2003)."

Acknowledgments

Standard acknowledgments are seldom used in Georgia because of the requirement that a conveyance of real estate must be attested by two witnesses. If no acknowledgment is used, either a notary or someone vested with notarial powers must be one of the witnesses. If an acknowledgment is used, two unofficial witnesses are required, in addition to the notary.

Conveyances

The customary form of conveyance is GA Deed-Warranty 1. Other common forms of conveyance include the following:

  • GA Deed-Warranty (Limited) 1
  • GA Deed-Quitclaim 1

Two witnesses are required for a conveyance to be recorded. One of the witnesses may be the notary. This law applies whether the documents are executed in Georgia or another state. See Official Code of Georgia Annotated ("O.C.G.A.") Sections 44-2-14 and 44-2-21.

Releases/Satisfactions

The standard release form is the Statutory Cancellation of Mortgage and Quitclaim Deed of Release in Georgia forms

Security Instruments

A security deed (deed to secure debt) is the customary security instrument in Georgia.

Two witnesses are required for a mortgage 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. See O.C.G.A. Sections 44-2-14 and 44-2-21.

Title Insurance Form Regulations

Standard policy forms and endorsements are required to be filed with the Commissioner of Insurance, but there is an exception for forms of "unique character" designed for and used in relation to insurance upon a particular subject.

References:

Forms List: Georgia Forms.

All content on Virtual Underwriter is subject to the terms shown here.