Griffin, GA asked in Real Estate Law for Georgia

Q: In Georgia, specifically spalding county, does/do the grantee(s) have to sign the quitclaim deed for it to be valid?

If not, how long does the grantee have to cancel the deed?

I should add this is not a case of estate transfer.

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1 Lawyer Answer
Michael D. Birchmore
Michael D. Birchmore
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: 1. GranTORS sign every deed.

2. GranTEES receive the property interest (ownership) from the deed.

3. There is no cancellation of a deed per se. If a deed is prepared incorrectly (wrong names, wrong property description, etc.) a NEW (corrective deed) is then needed to correct the error.

4. If a corrective deed is needed, it ISN'T A BAD IDEA for the Grantees of the deed to sign on to the corrective deed stating that they, also, agree with the new deed's contents.

5. If I had to guess, I would say that you are probably in a situation where a SECURITY DEED (mortgage type document) has been filed and you now want it canceled because you have paid the debt in full. In this situation, a quitclaim deed from the mortgagee (person who LOANED the money -- the person BORROWING the money is the mortgagee) CAN be used to evidence cancellation of any claim by the mortgagor to the property). HOWEVER, THE BETTER PRACTICE would be to have the mortgagor have the original loan paperwork marked SATISFIED AND CANCELED on the face of the promissory note, the security deed and any document that had been recorded OR CROSS REFERENCED at the courthouse during the loan process.

PLEASE NOTE THAT MY USE OF CAPITAL LETTERS IS NOT TO BE OFFENSIVE. INSTEAD, I USED CAPITAL LETTERS TO HIGHLIGHT THE IMPORTANT WORDS IN MY STATEMENT.

FINALLY, I CANNOT STRESS ENOUGH TO YOU TO HAVE AN ATTORNEY ASSIST YOU IN THIS PROCESS OF CANCELLATION. IT ALL SOUNDS EASY, BUT REAL ESTATE LAW IS ONE OF THE MORE COMPLEX AREAS OF THE LAW. YOU WANT TO BE SURE THAT WHAT YOU DO GOING FORWARD WILL ACTUALLY ACCOMPLISH WHAT YOU NEED.

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