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What is a deed of security?

A deed of trust, or security deed, as it is known in some jurisdictions, is a form of mortgage. A borrower of money signs a promissory note demonstrating the debt owed to the lender. The promissory note will generally recite the purpose of the loan and indicate that it is secured by real property.

How long is security deed valid in Georgia?

In Georgia, a security deed is the document that secures a loan on real estate. OCGA 44-14-80 states that security deeds expire seven years after the maturity of the last installment date stated in the security deed.

Who holds the security in a deed of trust?

For a Deed of Trust, the parties involved are the lender, the borrower, and a neutral third party who will serve as a trustee. The title of the property is held as security for the loan and held by the trustee for the benefit of the lender. The title is released from the trust once the loan is paid.

How do I remove my ex husband from my mortgage?

The Solution: Release or Refinance There are two ways to remove an ex-spouse from a loan: Release and refinance. A lender may release the ex-spouse from the loan. If presented with a divorce decree and a quitclaim deed, many lenders will remove the ex-spouse and leave the loan in the name of one spouse only.

How do I get a security deed removed in Georgia?

Georgia law provides that a security deed can be cancelled by the Clerk of Superior Court upon receipt of an affidavit from an attorney with specified attachments. To find a lawyer, you may visit the State Bar of Georgia website at .

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What is the difference between a deed of trust and a security deed?

Tip. A security instrument is a legal document giving the bank a security interest in the property. It can be a mortgage, giving the lender a lien on the property, or a deed of trust, whereby a trustee holds the deed for the lender until you finish paying off the loan.

How do I remove a mortgage deed?

A mortgage deed has to be cancelled jointly by both the parties. You can always get a certified copy of the mortgage deed from sub registrar office and then prepare a cancellation deed. technically a mortgage deed gets automatically renewed for 12 years from every single instance of payment.

Can I transfer my mortgage to another person?

You can transfer a mortgage to another person if the terms of your mortgage say that it is assumable. If you have an assumable mortgage, the new borrower can pay a flat fee to take over the existing mortgage and become responsible for payment. But theyll still typically need to qualify for the loan with your lender.

Who signs warranty deed in Georgia?

The grantor must sign the deed (O.C.G.A. 44-5-30). Except for documents electronically filed, only an original document (original signature) that has been properly attested can be accepted for recording (O.C.G.A.

How do I record a security deed in Georgia?

To be recorded, both a security deed and a mortgage must be signed by the maker and attested in the same manner as a deed (O.C.G.A. 44-14-33 and 44-14-61; see Attestations and Acknowledgments). A security deed cannot be recorded unless it includes the mailing address of the grantee (lender) (O.C.G.A. 44-14-63(b).

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