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Waiver of Homestead. Borrower waives all rights of homestead exemption in Assumption Not a Novation. Lender s acceptance of an assumption of the obligations of this Security Instrument and the Note and any release of Borrower in connection therewith shall not constitute a novation. Security Deed. This conveyance is to be construed under the existing laws of the State of Georgia as a deed passing title and not as a mortgage and is intended to secure the payment of all sums secured hereby. Applic ...

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How long is a security deed good for 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.

Is a security deed the same as a note?

To Recap: The Deed is a recorded document memorializing the transfer of property from the Grantor to the Grantee. The Note is an unrecorded paper that binds an individual who has assumed debt through a promise-to-pay instrument.

What is a note on a mortgage?

A mortgage note is a legal document that sets out all the terms of the mortgage between a borrower and their lending institution. It includes terms such as: The total amount of the home loan. The down payment amount. Whether monthly or bimonthly payments are required.

How do you remove a security deed 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 www.gabar.org/.

What is the difference between a deed of trust and a mortgage note?

A deed of trust is a legal agreement that's similar to a mortgage, which is used in real estate transactions. Whereas a mortgage only involves the lender and a borrower, a deed of trust adds a neutral third party that holds rights to the real estate until the loan is paid or the borrower defaults.

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What is a security deed in Georgia?

In the State of Georgia, the instrument used to secure a debt on property is called a "Deed to Secure Debt" or "Security Deed." Under Georgia law, the lender is deeded the property, but in a lesser form of a deed that becomes activated if the borrower defaults in some way.

How does a security deed work in Georgia?

A security deed, as opposed to a mere mortgage, passes legal title to the land while reserving unto the debtor the equitable title to use and enjoy the conveyed land subject to compliance with debt obligations. Security deeds must be recorded in the county where the land is located.

Who signs the security deed in Georgia?

The execution of a mortgage or security deed in Georgia must be signed by the maker and two witnesses in order to be recordable (O.C.GA. §44-2-15). The execution of the instrument must be witnessed or acknowledged by an official witness. In common practice, the official witness is typically a notary public.

Is there another name for deed of trust?

A deed of trust, also called a trust deed or a Potomac Mortgage, is used in some states in place of a mortgage, a transfer of interest in land by a mortgagor-borrower to a mortgagee-lender to secure the payment of the borrower's debt.

Is a security deed the same as a mortgage?

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.

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