12/14/2018 by closingprotitleescrowllc 22 Comments
How To Transfer A Deed To A House
Are you looking to add or remove a name from title?
Need a gift transfer, where no money changes hands.
The document (also called legal instrument) used to transfer ownership is a deed. There are two types of deeds used in Georgia, a Warranty Deed and a Quit Claim Deed.
Here are the steps to completing a deed transfer in Georgia:
- Names the Current Owner and New Owner
- Contains a Description of the Property
- Signed by Current Owner
- Two Witnesses: Unofficial Witness & Notary Public
- Complete a PT-61, Transfer Tax Form
- Record Deed in County Real Estate Records
What are the different deed types?
Quit Claim Deed
A Quit Claim Deed is used to transfer property without a warranty. It releases any interest the party may have with no guaranty to title. This is more commonly used between family members or parties familiar with the property. A quit claim deed can also be an acceptable transfer with a title examination and due diligence of the real estate.
Title insurance can be purchased to protect the ownership rights of a quit claim deed.
A General Warranty Deed is used to transfer property with a warranty. This general warranty guarantees title and the full history of title. This is not commonly used as most sellers will not guaranty title of previous owners.
A Limited Warranty Deed is used to transfer property with a limited warranty. This limited warranty guarantees title only during the period of ownership. No guarantees as to the previous owners. This is the most common form of title transfer in a traditional purchase and sale closing.
Deed transfers can be complex. It is best to consult an attorney that practices in real estate law.