Georgia Release of Lien for Deed of Trust

State:
Multi-State
Control #:
US-OG-544
Format:
Word; 
Rich Text
Instant download

Description

This is a form of a Release of Lien for a Deed of Trust.

How to fill out Release Of Lien For Deed Of Trust?

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FAQ

To be recorded, a deed must be "attested" by two (2) witnesses; if one of the "attesting?witnesses is an authorized officer, there is no need for an "acknowledgment". If there are two (2) unofficial "attesting" witnesses, the deed is still not entitled to be recorded until "acknowledged" by an authorized officer.

The title of the property is held as security for the loan and held by the trustee for the benefit of the lender. The title is released from the trust once the loan is paid.

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.

In Georgia, a security deed is the document that secures a loan on real estate. OCGA § 44-14-80 states that security deeds expire seven years after the maturity of the last installment date stated in the security deed.

Georgia law provides that a security deed can be cancelled by the Clerk of Superior Court upon receipt of an affidavit from an attorney with specified attachments. To find a lawyer, you may visit the State Bar of Georgia website at .gabar.org/.

When a deed of trust/mortgage is paid in full, you can record a Full Reconveyance from the trustee stating publicly that the loan has been paid. The Full Reconveyance Form is completed and signed by the trustee, whose signature must be notarized.

The lien release must be filed with the county recorder to cancel the previously filed lien instrument. The lien release is different than a lien waiver because it discharges an already filed lien, while a waiver surrenders the right to file one in the first place.

Security Release means the release of the Liens under the Security Documents in ance with Section 10.02(d). Security Release means a release conditioned on a promise to appear in court at all ap- Sample 1.

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Georgia Release of Lien for Deed of Trust