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Guest

"deed forms vary from state to state, some States require additonal forms to be completed and recorded at the same time the deed is recorded.
The additonal forms needed in Georgia are discussed below.
The Real Estate Transfer Declaration is required to be filed with the deed. This form is available in the County Clerk of Superior Court's office in your County."

I didn't see the information about the additional forms that are needed below. I was wondering what these forms are. As well, I called the County Clerk Of Superior Court's office today and they said they do not provide any forms. They said a person needs to get them on their own and not through them. They mentioned they only record the information. I was told by the Court Office to contact the mortgage company and the mortgage company told me to contact the Court Office. It is like a dog chasing his tail and getting no where. I was also told to get a Warranty Deed and not a Quitclaim Deed. What would be the reason for this?

I need to add my name to our Limited Warranty Deed since they did not do this properly at closing as per our request. They listed only one person on the deed. Now they say we need to do it on our own to change it.

Niicss · Posted: Wed Sep 09, 2009 2:48 am Post subject:

In my opinion, your best option would be to consult an attorney and get the deed drafted from him. Once the deed is drafted and you fill it out, you should notarize it and record it at the county recorder's office. A warranty deed conveys a clear title to the new owner. However, a quitclaim deed will not convey a clear title. It will just transfer the property interest. May be the new owners want a clear title. So they want you to sign a warranty deed.

Guest

"In my opinion, your best option would be to consult an attorney and get the deed drafted from him. Once the deed is drafted and you fill it out, you should notarize it and record it at the county recorder's office. A warranty deed conveys a clear title to the new owner. However, a quitclaim deed will not convey a clear title. It will just transfer the property interest. May be the new owners want a clear title. So they want you to sign a warranty deed."

Thanks for your reply. However, I have no idea what you are talking about when you say the new owners want a clear title. We bought this house as new construction from a builder. We are the only owners. We already have a limited warranty deed but they failed to put both names on it. Only one name is listed and we need for this to be corrected. I do not believe we need to hire an attorney to fill out these papers. It was not drafted right the first time. I was wondering what the additional forms needed in Georgia are. Someone wrote "The Real Estate Transfer Declaration is required to be filed with the deed". I was wondering if there were any other forms aside from this one since it was stated that additional forms are needed. We need for the Limited Warranty Deed to reflect both names on it instead of only one. Thanks for your help.

jameshogg · Posted: Fri Sep 11, 2009 1:14 am Post subject:

Hi BJT,

You did not mention about the construction loan in your original post. I guess that's the reason for confusion. You should contact your real estate attorney and get a Limited Warranty Deed drafted from him. He will guide you in filling it out.

Thanks

Guest

Hi,
Would we be able to fill out the forms without going to an attorney. If only one name is on the form for the Limited Warranty deed, what would happen to the house if that person were to pass that has the name on the deed? We were thinking we could use the Georgia Quitclaim Deed to joint tenants with rights of survivorship. From what I am reading it seems that Georgia has it set up that witnesses are needed. Thanks again.

smithsussane · Posted: Fri Sep 11, 2009 10:38 pm Post subject:

Hi BJT!

Welcome back to the forums!

You can fill out the warranty deed without going to the attorney. However, it is advised to consult with an attorney because he may help you in filling out the deed and rectify the errors, if any. If the person on the deed passes away, then his/heirs can transfer the property in their names by filing an affidavit of heirship.

Feel free to ask if you've further queries.

Sussane

Guest

When an error is made on a deed and the same deed is rerecorded, does the original deed lose it's lien position.

adonis · Posted: Sun Dec 20, 2009 11:13 pm Post subject:

Hi stc,

If the deed with error has been recorded at the county recorder's office, then that deed would be considered as valid and the original deed will lose it's significance.

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Re:The additonal forms needed in Georgia are discussed below