Georgia Quit Claim Deed Form
A Georgia Quit Claim Deed, also called a Non-Warranty Deed, serves the purpose of transferring interest from one party to another without confirming:
- The property is free of debt,
- There are no other parties who can claim an interest in the property, and
- The title of the property.
The form instead helps to clarify that a party with interest in a given property (referred to as the Grantor) will give it up to another party familiar to them (referred to as the Grantee). As the possibility exists that there are other parties who have an interest in the property, the Grantee is strongly recommended to perform a title search.
Laws (§ 44-14-210): Georgia Code, Title 44: “Property,” Chapter 5: “Acquisition and Loss of Property,” Article 2: “Conveyances,” and
(§ 48-4-44): Georgia Code, Title 44: “Property,” Chapter 14: “Mortgages, Conveyances to Secure Debt, and Liens,” Article 7: “Foreclosure,” Part 3: “Foreclosure of Deeds to Secure Debt, Purchase Contracts, and Bonds for Title”
The provisions above represent the main laws governing Quit Claim Deeds in Georgia, although as outlined below, there are a variety of provisions that must be accounted for by both the Grantor and Grantee.
Form of the Deed (§ 44-5-33): This provision states that:
“No prescribed form is essential to the validity of a deed to lands or personalty. If the deed is sufficient in itself to make known the transaction between the parties, no want of form will invalidate it.”
In other words, there is no stipulated form that the Deed must take, so long as it clearly makes known the arrangement taking place. However, § 44-5-30 states a number of signing requirements (as can be found in the “Signing Requirements” section below) and also states that the Deed must be an original written document.
No implied warranty (§ 44-5-61): While by their very nature, a Quit Claim Deeds does not transfer title, it is worth noting that this is also established in state law. Namely, § 44-5-61 states that there is no implied warranty of title in the sale of land.
Purchaser’s liability (§ 44-5-47): This provision, entitled, “Liability of purchaser for costs of conveyance,” establishes that the purchaser is responsible for the costs of the conveyance. For a Quit Claim Deed, that means that the Grantee must pay the associated costs. That is, unless there is an “expressed stipulation to the contrary.”
Signing requirements (§ 44-5-30 & § 44-2-15): The Deed must be signed by the Grantor, and attested by one (1) witness, in addition to one (1) officer permitted by § 44-2-15 to make the attestation. Examples of officers that may attest the Deed include a magistrate, a Notary Public, and clerk of a superior court.
How to file a Quit Claim Deed in Georgia (§ 44-2-1): A Quit Claim Deed executed in Georgia must subsequently be filed with the Clerk of the Superior Court. The Clerk must be located in the same jurisdiction as the land listed in the Deed.
It should be noted that due to Georgia’s “race-notice statute” (§ 44-2-1 and (§ 44-2-3) it is integral for the Deed to be recorded as the doing so alerts any future bona fide purchasers to the existence of the Deed. Without such an alert (i.e. “notice”), a future bona fide purchaser will be protected by law to obtain the land. The specific law states:
“Every unrecorded voluntary deed or conveyance of land made by any person shall be void as against subsequent bona fide purchasers for value without notice of such voluntary deed or conveyance; provided, however, that, if the voluntary deed or conveyance is recorded in accordance with Code Section 44-2-1, it shall have priority over subsequent deeds or conveyances to the described land.”