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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 close a real estate transaction or to prepare or facilitate the execution of such deed(s) for the benefit of a seller, borrower, or lender.
In the state of Georgia, in order for ownership of property to be validly transferred, a property deed must be recorded and notice of the transfer made.
While recording a deed does not affect its validity, it is extremely important to record since recordation protects the grantee. If a grantee fails to record, and another deed or any other document encumbering or affecting the title is recorded, the first grantee is in jeopardy.
In Georgia, a limited warranty deed (also known as a special warranty deed) transfers title in fee simple to the grantee with warranties and covenants of title that are limited only to acts arising by, through, or under the grantor.
Quitclaim Deed This type of deed conveys whatever interest the grantor currently has in the property?if any. No warranties or promises regarding the quality of the title are made. If the grantor has a good title, the quitclaim deed is essentially as effective as a general warranty deed.
Quitclaim Deed A deed used to transfer any interest in real property that the grantor may have. It contains no warranties of any kind.
In addition to the requirement that deeds be prepared in writing, the written deed in Georgia must contain the following elements and conventions: Grantor name The person with the legal capacity to contract and convey, usually the seller Could also be an executor, administrator, sheriff, or person giving a gift Grantee ...
A deed may be recorded at any time; but a prior unrecorded deed loses its priority over a subsequent recorded deed from the same vendor when the purchaser takes such deed without notice of the existence of the prior deed.