Deed Of Trust With Mortgage In Georgia
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FAQ
Transfer Your Home Into the Trust You must complete the deed transferring ownership of the property before a witness and a notary public and have the deed notarized. You must submit the deed and a PT-61 tax transfer document to the Superior court clerk in your county.
Mortgages are used, but they are rare. A security deed (deed to secure debt) is the customary security instrument in Georgia. Georgia does not use a Deed of Trust. Two witnesses are required to witness the signature of the grantor for a security deed to be recorded.
So, reasons you might want to put your property into the trust: It avoids probate. Probate can be a somewhat lengthy and very annoying process for transferring property after someone passes away. Another good reason to put your house into the trust is privacy. Probate is a public record affair.
How do I transfer my property into a trust in Georgia? Step 1: Create a Trust Document. The first step in transferring your property into a trust is to create a trust document. Step 2: Transfer the Assets. Step 3: Notify Creditors and Beneficiaries. Step 4: File the Trust with the Court.
Draw up the trust document: You can do this online with a program or get the help of a lawyer. Get the document notarized: Sign the document before a notary public. Put your property into the trust: This does take some paperwork, so while you can do it by yourself a lawyer may be useful.
How to put a house into a trust if it has a mortgage Create the Trust. Before transferring a property into a trust, you need to establish the trust. Notify Your Mortgage Lender. Update Insurance Policies. Continue Making Mortgage Payments. Refinancing Considerations.
In the State of Georgia, the instrument used to secure a debt on property is called a "Deed to Secure Debt" or "Security Deed." Under Georgia law, the lender is deeded the property, but in a lesser form of a deed that becomes activated if the borrower defaults in some way.
