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A quitclaim deed in the state of Georgia is a legal document used to transfer property from one person to another. Contrasting from a warranty deed, this document provides no guarantee that the title of the property is clear and free of encumbrances. A quitclaim deed only provides the buyer with a guarantee that the seller will not return later and claim any interest on the property. As with any property purchase, it is always highly recommended that the buyer conduct a thorough title search to ensure that it is free of all issues.
A quitclaim deed is typically used to transfer property between family members or after a divorce settlement. If you instead need the type of deed that protects the new buyer, you should use a different kind of property deed, such as a general warranty deed or special warranty deed.
Relevant Quitclaim Laws - § 48-4-44
Signing - According to Georgia Law, a quitclaim deed in Georgia must be signed with the Grantor in the presence of a Notary Public, along with two (2) witnesses. The state will allow the document to be signed by only one (1) witness if the Notary is willing to sign as a witness (§ 44-5-30 and § 44-2-15).
Recording - Once the quitclaim deed has been signed and notarized, it must be filed with the Clerk of the Superior Court in the county where the property is located.
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To write a Georgia quitclaim deed form, you will need to complete the following information:
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To file your quitclaim deed, you will need to take the signed, notarized form to the Georgia County Clerk for the district where the real property is located. Each county has its own filing requirements such as recording fees and transfer taxes. Verify your county's requirements prior to filing.
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