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Georgia Quit Claim Deed

kpatrick's picture
kpatrick | Joined: October 29, 2007 05:46 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

You can find a generic [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] at any office supply store...just fill it out, get it notarized and file it at your county clerk's office where the property is located.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Liz,

You can get a sample copy of the [url=http://www.mortgagefit.com/predeal/quitclaim-stateforms.html]quitclaim deed form[/url] approved by the Georgia state at http://dot.ga.gov/localgovernment/FundingPrograms/TransportationEnhancem... . Since this is just a sample copy, therefore you should get it reviewed by an attorney, see of any changes need to be done as per your requirements and only then execute it.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband and I purchased a tax deed at a clayton county tax deed auction in Oct of this year. Since making our purchase, we were contacted by the the bank who owned the mortgage and reimbursed us purchase price of deed plus 20%. We received the tax deed in the mail recently from the county and understand that we now need to quitclaim the property by to the mortgage company. What will the consideration amounty be? Is $1 standard, or do I list the actual amount paid to us by the bank? Additionally, do I need to complete a transfer tax form and file with the quitclaim? Thank you for your assistance.

Regards,

Sheila

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi SHEILA,

I think you can use the standard $1 amount. But it will be better if you could consult an attorney. Moreover may be the bank will want you to write the exact amount that they have paid you. So taking the advice of the lender will be helpful for you.

As far as I know within 30 days of property transfer, real estate excise tax affidavit must be filed at the county recorder's office. It should include the sale price, if any. The auditor will decide whether any excise tax is due.

Thanks,

Jerry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Thanks Jerry for your response. It was very helpful.

Regards,

Sheila:)

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I want to quick claim my home to include my son who lives in California and I Live in Georgia. How do I do this?

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Sharon,

The quitclaim deeds vary from one state to another as they have to conform to the laws of the state. You need to use the deed for the state where the property is located. Thus, If the property is located in Georgia you need to use a quitclaim deed that is in accordance with the Georgia state laws. To view sample quitclaim deed forms for GA at http://www.albany.ga.us/law_library/documents/QUITCLAIM%20DEED.pdf

However, these are only sample forms and thus is required to be checked by an attorney before you use them.

Thanks,

Jerry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Thank you for the information on this website. My father would like to add his son as a joint tenant with right of survivorship to his property in GA. Is this accomplished via a Quitclaim Deed? If so, does he need an attorney or can he complete a form purchased on-line and have it notarized and filed with the county clerk? Can the county clerk's office provide a sample Quit Claim Deed? Thanks for your help.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Brooke!

Welcome to the forums!

Yes, your father can use a quitclaim deed to add his son to the property as a joint tenant with right to survivorship. He can use a sample quitclaim deed for adding his son however, it is always better to contact an attorney and draft the deed from him/her. Yes, a county clerk's office can provide you with a sample quitclaim deed form.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

he and I are both on the quit claim (the deed has gone from his name to both our names) can he legally sign a contract that uses the equity in our home for construction purposes without my consent? I'm in GA.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi jajvj!

Welcome to forums!

As both of your names are on the quitclaim deed, your husband should take your consent to use the equity in the home for construction purpose.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have been paying on a property owned by my parents for years. They put it in their trust a few years ago. Now it is time to transfer ownership to me. Will a quit-claim deed be sufficient, as they are the trustees over the trust?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have a property in Mitchell County and Im owe this years taxes, and this is going up for auction at the court house due to these taxes can I pay the person who buys this back after the tax deed has been sold with 20% interest of course? have I lost this property for good?

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,

To missgive,

Yes, your parents can use a quitclaim deed in order to transfer the ownership of the property in your name.

To GeeGee,

It would be better if you could pay off the taxes and stop the property from going into the sale. You can also contact the IRS and check out if they can give you a payment plan to pay off the dues.

Thanks.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

We have an empty lot next to our property. We have been mowing the grass on a section of it for over 20 years. A neighbor mentioned that we can quit claim the portion that we have been maintaining since we have maintained it for over 7 years. How do we do that?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Nancy,

You can simply quitclaim that portion of the property in your name as you've been mowing it. The owner of the property will have to transfer that portion of the property to you. However, you can check out the adverse possession laws of your state and check if you can possess the property.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

when a property is sold by the tax commishioner on the court house steps for unpaid property taxes the property owner has two years to to reimburse the buyer with interest and get their property back. also the buyer cannot do anything with the property for those 2 years

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I was wondering if you have to have an attorney draw up a quitclaim, or if I can fill it out myself and file it with the county?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi caycee,

You can contact an attorney and he would help you in drawing a quitclaim deed as well as filling it out. However, it is not mandatory to contact an attorney. You can even do it yourself by filling out the sample quitclaim deed forms available online. Then you can notarize and record the deed at the county recorder's room.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

GEEGEE, I WORK AT A LOCAL TAX OFFICE AND YOU HAVE 1 YEAR FROM THE DATE THAT THE PROPERTY IS SOLD AT A TAX SALE TO BUY IT BACK FROM THE PERSON WHO PURCHASED IT.

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brown.walter.09's picture
brown.walter.09 | Joined: August 10, 2009 09:32 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I take care of my sister and two years ago had a new house built to better take care of her and my brotherin law.
She has early stages of alshimers. the house and property are in my and her name. I have full medical and financial p.o. a. on them both
Can I use quit claim to put the property totally in my name, as I have been told that I can get more assistance for them if they do not own any property other than an auto.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi dragracer,

As you've a financial poa, you can get the property transferred in your name. However, it can be a good idea to contact an attorney and take his help in transferring the property in your name.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My son is going through a divoice and he does not want his soon to be ex-wife to have any rights to his house, that he own before they were marry. She has not paid any expense to the house since she has lived there. My son has paid everything. He wants to quitlcaim the house to me so she can not have any rights to house. Will a quitclaim prevent that from happing and is that necessary?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Mom,

If the wife's name is not on the property deed, then she won't be able to claim ownership rights to the property. In that case, I don't think there's any need to transfer the property to you. If the property docs include the wife's name, then the wife will have to sign a quitclaim deed and transfer the property to your son.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I am thinking of renting my house out. How much more in property tax will I have to pay, after losing my homestead exemption? The house is in Georgia.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi M.L.,

The property tax assessor would be the best person to answer your query.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

The quick claim link from ..albany... is no longer working.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Michael!

Welcome to forums!

Thanks for informing that the link to Georgia [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] form is not opening. You can check out the given page to get a new link for Georgia quit claim deed form:
http://www.mortgagefit.com/predeal/quitclaim-stateforms.html#24184

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I added my sister some years ago to my home via a quick-claim deed with right of survivorship and not as tenants in common as grantees. Now I do not want her to be on it and she refuses to sign the paper my att. drew up to have her removed. What are my options?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I am receently divorced and my ex agreed to a quit claim of the house we jointly own but I reside in. Why is this a benefit to me?
btw -He has yet to do it.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi molly,

You hardly have any options. Unless your sister signs the [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] and transfers the property back to you, it won't be possible for you to remove her name from the property deed.

Hi Bec,

If he signs over the property deed to you, then you would become the sole owner of the property. If both of you have a joint mortgage on the property, then you can [url=http://www.mortgagefit.com/refinance.html]refinance[/url] the loan so that he does not have any financial responsibility towards the property.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

MY HUSBAND & I CURRENTLY HAVE A HOME ON FAMILY PROPERTY, WE ARE PARTIALLY INHERITING, PARTIALLY PURCHASING ANOTHER HOME ADJACENT TO OUR HOME. THE TRUSTEE IS WANTING TO QUITCLAIM THE OTHER HOME AND PULL THE EQUITY FROM OUR CURRENT HOME TO COVER THE DIFFERENCE,SO TECHNICALLY THE NEW PROPERTY WILL BE CLEAR OF ANY LOANS. MY QUESTION IS, AM I BORROWING TROUBLE FROM THE FUTURE IF I EVER WANTED TO SELL ONE OF THEM, CAPITAL GAINS? INHERITANCE TAX? I KNOW THE TITLE IS FREE OF ANY DEBT, WILL A QUITCLAIM BE OK?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi KITTY,

I did not understand why the trustee wants you to quitclaim the property in order to get a [url=http://www.mortgagefit.com/home-equity.html]home equity loan[/url]. If you've equity in your property, then you can apply for a equity loan and pay for the new property.

While you sell off the new property, you would be liable for paying the capital gains taxes depending upon the profit that you make from the sale of the property.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i have a home in athens ga that i wish to give to my brother. there is still a loan of $150,00 on it that i am paying. can i give the house to my brother on quitclaim deed?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

can i transfer the deed to my common law wife?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi lizt,

You can transfer your property to your brother with the help of a quit claim deed. He can then refinance the mortgage in his name and pay off the loan balance.

Hi rickyd,

You can definitely use a quit claim deed in order to transfer the property to your common law wife.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My fiance and his dad purchased together with his dad as the primary and my fiance as the secondary on the loan. His dad is now remarried and we are trying to do a loan modification and remove his dad from the loan. Is a quick claim deed feasable?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Tina!

Welcome to forums!

A loan modification will not remove your fiancé's father from the loan. Rather, your fiancé needs to refinance the mortgage in his name. He can ask his father to sign a quit claim deed and transfer the property to him and then he can apply for a refinance.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My exhusband did a quit claim deed in 2005. I am listed on warranty deed.
I did not sign any forms when the quit claim was processed. Is this legal?
What were my rights in this situation

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi tee,

If your name is still mentioned on the property deed, you will be considered as one of the owners of the property.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If the mortgage and house is in both names...and neither can buy out the house, can one use a quick claim deed without notifing the bank and can the mortgage remain in both names?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Kristin,

One can use a quitclaim deed to transfer the property to someone else. However, if the lender comes to know about it, then the lender will ask the owner of the property to refinance the mortgage in his or her name.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My Mother wants to do a quit claim deed to deed her house over to my brother. Both reside in Ga. The clerk of Court said a PT61 must be filed in inorder to transfer ownership. However, my Mother is not selling him the property. Her name will still be on the mortgage so there will be no money exchaging hands. Do we still have to pay this real estate tax?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi marsha,

As there will be change in property ownership, I think your mother will be liable to pay the real estate tax.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

father died and left a checking account that i cant close can a quitclaim in georgia do that

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi cctucker!

Welcome to forums!

A quitclaim deed can only help you in transferring the property from one person to another. I don't think it will help you in regards to a checking account.

Feel free to ask if you've further queries.

Sussane

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