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Warranty Deed

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State of Georgia Warranty Deed
[Joint Tenancy with Right of Survivorship]

Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc.

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DISCLAIMER

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Georgia. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.

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Prepared By and After Recording Return to:

Send Tax Statements to Grantee (Name and Address):

--------Above This Line Reserved For Official Use Only--------

STATE OF GEORGIA

COUNTY OF

JOINT TENANCY WITH SURVIVORSHIP

WARRANTY DEED

THIS INDENTURE, made this day of , in the year between of the County of , State of GEORGIA, as party or parties of the first part, hereinafter called Grantor, and and , as joint tenants with survivorship and not as tenants in common parties of the second part, hereinafter called Grantees (the words "Grantor" and "Grantees" to include their respective heirs, successors and assigns where the context requires or permits).

WITNESSETH that: Grantor, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other good and valuable considerations in hand paid at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant, bargain, sell alien, convey and confirm unto the said Grantees, as joint tenants and not as tenants in common, for and during their joint lives, and upon the death of either of them, then to the survivor of them, in fee simple, together with every contingent remainder and right of reversion, and to the heirs and assigns of said survivor the following described property:

[Insert Legal Description or Attach as an Exhibit]

This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.

TO HAVE AND TO HOLD to said described tract or parcel of land, with all and singular the rights, members and appurtenances thereof, to the same being, belonging, or in anywise appertaining, to the only proper use, benefit and behoof of the said Grantees, as joint tenants and not as tenants in common, for and during their joint lives, and upon the death of either of them, then to the survivor of them in FEE SIMPLE, together with every contingent remainder and right of reversion, and to the heirs and assigns of said survivor.

IN WITNESS WHEREOF, the Grantor has hereunto set grantor's hand and seal this day and year first above written.

Signed, sealed and delivered

In the presence of:

(Witness)

(Notary Public)

(Grantor)

(Grantor)

My commission expires:

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What a Warranty Deed Is and when it’s used

A Warranty Deed is a legal instrument used to transfer real property ownership in which the grantor guarantees clear title to the grantee and warrants against defects arising before or during the grantor's ownership. It contains covenants of seisin, right to convey, and quiet enjoyment, and typically requires the grantor's signature and a notarial acknowledgement. Recording the deed in the county recorder's office establishes constructive notice to third parties. State law governs specific formalities, and some jurisdictions permit electronic execution and remote notarization under ESIGN/UETA and state notary rules.

Why a Warranty Deed matters in real estate transfers

A Warranty Deed provides strongest buyer protections by promising the seller will defend title against prior claims, reducing title insurance disputes and improving marketability. For sellers, it clarifies transfer obligations and supports clear chain-of-title for future sales or financing.

Why a Warranty Deed matters in real estate transfers

Who prepares, signs, and processes Warranty Deeds

Typical users who prepare, sign, or process Warranty Deeds include the following professionals and organizations responsible for real estate transfers.

  • Real estate buyers and sellers involved in property conveyance and financing.
  • Title companies and settlement agents preparing closing documents and facilitating recording.
  • Lenders, attorneys, and municipal recording offices reviewing chain-of-title and lien status.

Proper use ensures legal transfer, protects buyers, and provides a clear public record when recorded with the appropriate county office.

Core elements to include in a professional Warranty Deed

Core elements of a professional Warranty Deed clarify parties, property, covenants, consideration, notarization, and recording instructions to ensure a valid transfer and marketable title.

Grantor

Identify the person or entity transferring title using a full legal name and business designation; include capacity (e.g., trustee, personal representative) to show authority to convey the property.

Grantee

Name the recipient of the property with the exact legal name; specify tenancy type (sole, joint tenants, tenants in common) when applicable to reflect ownership interests.

Legal Description

Provide the complete legal description from the current title or survey (lot, block, subdivision, or metes and bounds). Avoid simple street addresses alone for recording purposes.

Consideration

State the consideration—typically a dollar amount—or recite 'for good and valuable consideration' if required by jurisdiction; clear consideration supports enforceability and recording accuracy.

Covenants

Include standard covenants such as seisin, right to convey, warranty, and quiet enjoyment; specify any exceptions, reservations, or easements that affect title.

Execution

Provide the grantor's signature block, printed name, title if applicable, date, and a notary acknowledgement formatted per state requirements for acceptance by the county recorder.

Step-by-step: prepare, sign, notarize, and record

Follow these steps to prepare, execute, and record a Warranty Deed for a real property transfer.

  • 01
    Prepare Draft: Draft deed using current legal description and parties.
  • 02
    Obtain Signatures: Grantor signs before notary; corporate signatures follow authority.
  • 03
    Notarize: Notary completes acknowledgement and signs; record audio/video if RON used.
  • 04
    Record Deed: Submit to county recorder with applicable fees and copies.

Where to file and how the recorded deed is used

Where to file, how documents flow, and how the recorder processes a recorded Warranty Deed.

  • County Recorder: Primary office for filing deeds and creating public record.
  • Recording Clerk: Clerk stamps, indexes, and assigns instrument number.
  • Title Companies: Use recorded deed to update title insurance and ownership chain.
  • Tax Assessor: County updates parcel records and tax ownership information.

Checklist for an online Warranty Deed workflow

Use this checklist to customize a Warranty Deed workflow for online completion, signer authentication, and recording preparation.

Field Configuration
Document Type PDF or DOCX converted to recorder-acceptable PDF
Signers Assign grantor and grantee signer roles with emails
Authentication Email link plus optional SMS code or KBA
Notary / RON Include notary acknowledgement or RON session settings
Recording Prep Embed legal description and attach closing statement

Technical formats and integrations to support eSigning and submission

Platforms and integrations enable e-signing, document storage, and submission workflows for Warranty Deeds in modern real estate transactions.

  • Formats: PDF, DOCX supported for recording
  • Integrations: Works with CMS and title systems
  • Authentication: Supports SMS, email, and KBA

Notarization and recording sequence for a Warranty Deed

Sequence of notarization and recording tasks to complete a Warranty Deed transfer and update public records.

01

Prepare Documents

Assemble deed, legal description, and settlement statement for review.

02

Verify Parties

Confirm legal names and signing authority for each party.

03

Schedule Signing

Arrange in-person or RON session with all required parties.

04

Witness Presence

If required by state, ensure witnesses sign before notary.

05

Notary Acknowledgement

Notary completes acknowledgement or RON certificate per law.

06

Record Electronically

Submit the original or required copies to county recorder.

07

Pay Fees

Include recording and documentary transfer taxes where applicable.

08

Update Title

Title company records new vesting and issues updated policy.

Processing timelines and what to expect after signing

Typical timelines and processing expectations after executing and recording a Warranty Deed, including recorder processing and title updates.

Recording Time:

County processing often ranges 1–14 business days depending on workload.

Certified Copy Delivery:

Request certified copies; expect 3–10 business days to receive.

Title Update:

Title companies update records within days to weeks after recording.

Tax Assessment:

Assessor's office may update ownership and tax billing next tax cycle.

Mortgage Payoff:

Lien releases recorded within 7–30 days after lender processes payoff.

Required data elements for recording and title review

Grantor Identity: Full legal name and capacity
Grantee Identity: Full legal name and vesting
Legal Description: Complete parcel legal description
Consideration: Stated amount or recitation
Signatures & Notary: Grantor signature and acknowledgement
Recording Data: County, instrument number, filing date

Consequences of an incorrect or incomplete Warranty Deed

Unrecorded Transfer: Loss of priority to later lienholders.
Incorrect Legal Description: Deed may be rejected by recorder.
Missing Notary: Recorder will usually refuse filing.
Forged Signature: Possible criminal liability and void conveyance.
Undisclosed Liens: Buyer remains subject to existing encumbrances.
Tax Consequences: Transfer taxes or filing penalties may apply.

Common preparation mistakes that delay recording

  • Using a street address instead of a full legal description often causes rejection by the county recorder and delays title insurance and closing.
  • Failing to identify the correct legal entity or failing to include an official capacity (such as trustee or corporate officer) can void the conveyance or require correction.
  • Omitting required witnesses or an improper notary acknowledgement leads to refusal to record and potential defects in marketable title, increasing expense and time to cure.
  • Inconsistent names between deed, closing documents, and identification create underwriting issues for title insurance and can trigger escrow holdbacks.

Practical examples of Warranty Deed use

Real examples show how Warranty Deeds are used in residential sales, trust transfers, and lender payoffs.

Residential Sale

A buyer and seller executed a Warranty Deed at closing to transfer a single-family home's title, using an attorney-prepared deed with full legal description.

  • Title company recorded deed same day.
  • Recording created constructive notice; buyer obtained title insurance and mortgage lender recorded its security instrument, enabling a later refinance without title objections.

Trust Transfer

A trustee conveyed property to beneficiaries via Warranty Deed with explicit capacity language and survey-based legal description.

  • Beneficiaries accepted the transfer at signing.
  • The recorded deed updated the public record, minimized future disputes about trust authority, and supported a subsequent sale with clean title evidence.

Practical tips to ensure correct and efficient deed processing

Follow these practices to reduce rejection risk, preserve priority, and simplify title underwriting when preparing and recording a Warranty Deed.

Use authoritative legal descriptions from survey
Always copy the full legal description from the current recorded deed or an updated survey to avoid recorder rejection and title defects. Do not rely solely on street addresses because recorders index by parcel descriptions for legal accuracy and searchability.
Confirm signatory authority and capacity
Verify that individuals signing on behalf of entities have documented authority—board resolutions, corporate minutes, or trustee certificates. Mistaken capacity leads to voidable conveyances and title insurance exclusions; obtain proof of authority before closing to prevent later disputes and corrective filings.
Record promptly and include attachments
File the original deed with the county recorder as soon as practicable after closing, include all attachments and affidavits, and pay the correct fees. Prompt recording preserves priority and reduces the risk of intervening liens or claims against title.
Maintain certified copies and indexed records
Retain certified copies of the recorded deed and recordkeeping metadata (instrument number, recording date) in your files for at least seven years; ensure digital backups meet chain-of-custody and reproduction standards for audits and future conveyances.

How Warranty Deeds compare with other deed types

Compare the primary protections and uses of Warranty Deeds, Special Warranty Deeds, and Quitclaim Deeds to choose the appropriate instrument.

Document Type Warranty Deed Special Warranty Quitclaim
Guarantee full limited none
Common Use home sale lender sale intra-family transfer
Typical Risk low moderate high
Title Insurance typically issued sometimes issued often problematic

eSignature vendor comparison for executing Warranty Deeds

Compare basic pricing and capabilities to support secure eSigning and record-ready documents; signNow appears first per platform comparison conventions.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about Warranty Deeds

Answers to common legal, procedural, and technical questions related to drafting, signing, notarizing, recording, and correcting Warranty Deeds.


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