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Georgia Special Warranty Deed – Individual and Trust to Individual

State:
Georgia
Control #:
GA-030-78
Format:
Word; 
Rich Text
Instant download

Description Special Warranty Deed Form Georgia

This form is a Special Warranty Deed where the Grantors are a Trust and an individual and the Grantee is an individual. Grantors convey and specially warrant the described property to the Grantee. The Grantors only warrant and will defend the property only as to claims of persons claiming by, through or under Grantors, but not otherwise. This deed complies with all state statutory laws.

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FAQ

A quitclaim deed can be used to transfer property from a trust, but a Special Warranty Deed seems to be a more common way to do this.

When you're ready to transfer trust real estate to the beneficiary who is named in the trust document to receive it, you'll need to prepare, sign, and record a deed. That's the document that transfers title to the property from you, the trustee, to the new owner.

Locate the deed that's in trust. Use the proper deed. Check with your title insurance company and lender. Prepare a new deed. Sign in the presence of a notary. Record the deed in the county clerk's office.

Special warranties allow the transfer of property title between seller and buyer. The purchase of title insurance can mitigate the risk of prior claims to the special warranty deed.

A special warranty deed to real estate offers protection to the buyer through the seller's guarantee that the title has been free and clear of encumbrances during their ownership of the property. It does not guarantee clear title beyond their ownership.

In the context of a California mortgage transaction, a trust deed also transfer ownership. Only this time, the title is being placed in the hands of a third-party trustee, who holds the property on behalf of the lender and the homeowner-borrower until the mortgage is paid.

In Georgia, a limited special warranty deed provides that a grantor warrants and defends the property to the grantee only against any claims arising by, through, or under the grantor.

California Property TaxesTransferring real property to yourself as trustee of your own revocable living trust -- or back to yourself -- does not trigger a reassessment for property tax purposes. (Cal. Rev. & Tax Code § 62(d).)

In the context of a California mortgage transaction, a trust deed also transfer ownership. Only this time, the title is being placed in the hands of a third-party trustee, who holds the property on behalf of the lender and the homeowner-borrower until the mortgage is paid.

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Georgia Special Warranty Deed – Individual and Trust to Individual