Georgia - Habersham County Warranty Deed Forms

Included Forms

All Habersham County specific forms and documents listed below are included in your immediate download package:

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Included Supplemental Documents

The Following Georgia and Habersham County supplemental forms are included as a courtesy with your order.

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Affidavit Certificate (Georgia Document)

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Credible Witness Affidavit (Georgia Document)

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Translator Affidavit Certificate (Georgia Document)

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Witness Signature Certificate (Georgia Document)

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Copy Certification by Notary (Georgia Document)

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Copy Certification by Document Custodian (Georgia Document)

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Guide to Georgia Homestead Exemptions (Georgia Document)

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Application for Homestead Exemption (Georgia Document)

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Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by Georgia or Habersham County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the Habersham County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our Habersham County Warranty Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
• Can the Warranty Deed forms be re-used?
  • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Habersham County that you need to transfer you would only need to order our forms once for all of your properties in Habersham County.
• Are these forms guaranteed to be recordable in Habersham County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Habersham County including margin requirements, content requirements, font and font size requirements.
• Do I have to enter all of my property information online?
  • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
• Can I save the completed form, email it to someone?
  • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
• Do I need any special software to use these forms?
  • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Warranty Deed Forms:

• Habersham County

Including:

• Alto
• Clarkesville
• Cornelia
• Demorest
• Mount Airy
• Turnerville

What is the Georgia Warranty Deed?

Georgia statutes do not provide a statutory form for a warranty deed; however, if a deed is sufficient in itself to make known the transaction between the parties, no want of form will invalidate it ( 44-5-33). In a warranty deed, a general warranty of title against the claims of all persons includes covenants of a right to sell, of quiet enjoyment, and of freedom from encumbrances ( 44-5-62). In a general warranty deed in Georgia, a general warranty of title against the claims of all persons covers defects in the title, even if they are known to the purchaser at the time he or she takes the deed ( 44-5-63).

Before a deed can be recorded in this state, it must be signed by the grantor and attested or acknowledged as required by law ( 44-2-14). To authorize the recording of a warranty deed executed in a state other than Georgia, it must be attested or acknowledged before one of the officers listed in 44-2-21 and must also be attested by two witnesses, one of whom may be one of the officers taking acknowledgements (44-2-21). If the warranty deed has been executed in Georgia, it may be attested by a judge of a court of record, including a judge of a municipal court, or by a magistrate, a notary public, or a clerk or deputy clerk of a superior court or of a city court created by a special act of the General Assembly. With the exception of notaries public and judges of courts of record, such officers may only attest such instruments only in the county in which they respectively hold their offices ( 44-2-15). Warranty deeds executed in Georgia must also have two witnesses. In order to record a warranty deed, it must be accompanied by a completed real estate transfer tax form when it is submitted to the clerk of the superior court.

Every deed conveying lands, such as a warranty deed, should be recorded in the office of the clerk of the superior court of the county where the real property is located. Recording can take place at any time, but a prior unrecorded deed will lose its priority over a subsequent recorded deed from the same vendor when the purchaser takes such deed without notice of the existence of the prior deed ( 44-2-1). This is known as a race-notice recording act. Warranty deeds that are required by law to be recorded in the office of the clerk of the superior court and which are against the interests of third parties who have acquired a transfer or lien binding the same property and who are acting in good faith and without notice will take effect only from the time they are filed for record in the clerk's office in the county where the property is located ( 44-2-2b).

Our Promise

The documents you receive here will meet, or exceed, the Habersham County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Habersham County Warranty Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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March 31st, 2023

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