Learn Everything You Need to Know About a Quick Deed Form in Georgia

What Is a Quick Deed Form?

The quick deed form is a legal document used for a specific purpose in the transfer of real estate. It acts as a means to execute the transfer of property quickly and efficiently. This form is particularly useful in the event of an emergency or time-sensitive transaction, such as in cases of impending foreclosure or a sudden need to provide property to a spouse or family member.
A quick deed form is different from other types of real estate deeds in that it is designed for situations that require a fast-moving transaction. Other common types of real estate deeds used in Georgia include general warranty deeds, special warranty deeds, quitclaim deeds and warranty deeds . While the quick deed form is based on a warranty deed, it contains no warranties. In fact, a quick deed form is similar to a general warranty deed without the warranties section. This is why it is often used in situations where ownership history cannot be guaranteed, and therefore parties often feel more secure in using the quick deed form for transferring property.
If you have questions about using a quick deed form, or any other type of real estate deed form pertaining to a Georgia property, consult a qualified real estate attorney about the best options for your situation.

Legal Guidelines for Quick Deeds in Georgia

Quick Deed forms are not statutory forms, and as such there is no Georgia code section that lays out the legal requirements. However, deed forms generally must have at least a legal description of the property conveyed, the grantor and grantee’s names and addresses, and the signature of the grantor(s) on the instrument along with the date it was signed (O.C.G.A. § 44-2-14). The form must then be recorded in the County Clerk’s office in which the real property is located (O.C.G.A. § 44-14-60 and § 44-14-161). Deeds need a legal description of the real property, and the legal description is your survey. That is why surveys are so important.
Beyond these requirements, when it comes to Quick Deeds, I have my own preferences as a Closing Attorney, and I try to let sellers know as soon as possible:
The Quick Deed only conveys whatever interest the seller has in the real property at the time it’s signed and delivered. A mortgage on the property would remain even after the Quick Deed is done. As far as we know, there is no law saying you cannot convey a parcel that you do not own. It is bad form, but as long as there is a signature on the Quick Deed form, it would be valid. However, if the grantor posts that parcel for sale, like in a tax sale, they cannot do that because they do not own it. When you sign a Quick Deed, convey property that you own, write into the legal description that the warranty deed is Exhibit A, and keep a copy of the Quick Deed immediately after you sign it.

Pros and Cons of Using a Quick Deed

The advantages of the quick deed form are apparent for a non-lawyer who wants a real estate deed executed quickly and inexpensively. While this is the strength of the form, there are potential pitfalls which ultimately may outweigh the speed and cost involved.
One of the most significant drawbacks to using a quick deed form is its inability to deal with encumbrances on the property. It cannot contain clauses dealing with mortgages, transferring title subject to certain covenants or restrictions, or convey mineral rights or easements. The most common way to transfer mortgages and easements is by a full-blown deed. There are also legal doctrines that operate to sever third-party rights to the property. A quick deed form will not address these. Additional complicated language may be necessary to provide the results desired in the transaction. If a quick deed form is used, and the parties later want to add such provisions to the deed, the property may need to be conveyed again.
When a quick deed form is being used, the effect of the deed on third parties should be considered. Any interest in the property which is not addressed in the deed may not be protected by the language in the deed. Non-parties to the deed may make claims to the property, even if those rights have expired or are governed by the documents which are not addressed in the deed. One example of this is the doctrine of lis pendens.
Another potential pitfall arises when the parties wish to execute the deed several days before the closing. It may be the case that the closing on the old property must occur before the closing on the new property. By executing the deed early, the parties may encounter issues with the old mortgage and the sale of the new property. It may be necessary to put in place agreements with the lender and the buyer of the old property to satisfy any potential continuity issues.
It is critical to understand your rights under the Deed and how the Deed affects your property. Many asset protection techniques are defeated if the correct deed is not in place.

How to Fill Out a Quick Deed Form

The quick deed form is a legal instrument used to transfer property without much hassle. In Georgia, these forms are available pre-printed and ready to be filled out and signed by the seller. The steps below guide you through the process of completing forms that have not been filled in yet.
Find a reputable company that sells sample Georgia quick deed forms. You can sometimes find them in legal aid offices, as well. You will need to fill out a form before you purchase the quick deed document.
Gather all the necessary information about yourself and the person you are transferring property to. You need to have information such as both parties’ full names, contact information and complete property address. You might also need information about your spouse if you are married at the time of signing.
Fill in the blanks on the quick deed form. Do not put any unnecessary information or punctuation in the form. Leave a blank space where a check mark or "X" belongs. Never attempt to cross out an error and replace it with a correct letter or number.
Sign the quick deed form. As the grantor or seller, you must sign and date the product in wet ink. The grantor must also select and initial the type of consideration he or she wishes to receive for the transaction (see above). This section is generally a simple "a" & "d" option, which you must initial. The initials above the "a" or "d" indicate whether or not you agree to pay the closing costs instead of having the buyer pay some or all of them. This is a negotiable point that you and the buyer set, along with the other terms of the sale.
Provide the name and contact information of all parties involved in the transaction. If the seller and buyer have spouses, joint tenants or heirs, their names should appear as well. The witnesses and the notary should each fill in his or her contact information, too. As the grantor and primary party for the sale, your information appears at the end of the document.
Keep a copy of the fully completed quick deed form for your records. You must submit the original form with all the original signatures to the local court house in the county where the real estate resides. The court typically requires additional paperwork, including an original copy of a deed form and a stamped envelope addressed to the grantor.
Get your copy of the quick deed form back and file it in a secure spot for future reference. If a person ever tries to claim no deal took place, the quick deed form serves as evidence that the transaction was legitimate.

What Mistakes to Avoid When Using a Quick Deed

One of the most common mistakes with a quick deed is not utilizing the notary public to witness your signature on the deed. While signatures do not have to be notarized in Georgia, they don’t hurt, and you really need the notary for the jurat and attestation at the end of the document. Most standardized quick deed forms include a space for the acknowledgement, and the notary will fall right in line and complete the process without any additional instructions from you. If you neglect to use the notary, that was a mistake, and it a mistake that can be very costly if the fact is ever challenged in court in the future. A Georgia court may rule that a quit deed without a notary is invalid.
Other mistakes are more specific to the timeframe. You have 4 years from the date of your notary acknowledgement to record your quit deed. If you wait too long to submit the form, the county will not allow it . They are not going to let you benefit from a situation where you did not record a quit deed for several years. Your best bet is to close the transaction and record the quit deed as soon as possible.
State law says you have 4 years to pay the transfer tax, but there’s no guarantee DeKalb will give you that much time. They might not even present the application to pay it if you wait so long. It’s better to pay your transfer tax, get the receipt, and attach it to the quick deed and bring it with you to the courthouse. It’s a good idea to do this instead of leaving the xfer receipt blank for the clerk to fill it out for you. Many times forms lost with the court’s office somehow run afoul of the system, and they are never processed. By completing the pay and receipt yourself, you have proof that the tax was charged, and you’re dressed for success to get it filed and recorded.

Where to Get a Quick Deed Form and File it

Georgia residents can obtain a quick deed form from a number of sources. While a quick online search will reveal several free templates available for download, it’s vital to ascribe to them the same level of rigor you would a legal document pulled from a commercial drafting software program. Even if they look good on paper, you don’t necessarily want your transfer of property to depend on form over function. Third-party template providers will not be legally liable for mistakes on your part, and regardless of how inexpensive an attorney might be, you can’t afford to go wrong.
What you can do is find a fee-based provider of legal templates that has a good reputation in your area or one of the larger commercial providers. Smaller template sites may or may not be from trained practitioners, and without the software you’ll need to create a legally sound document, you’re better off with a known source. And unless you do a lot of these transfers, it’s cheaper to hire a lawyer to do it than to get a subscription to a service that gives you access to a dozen templates.
If you’re going to rent or lease your property after this transaction, it’s best to retain legal counsel, even if you plan to do it all yourself in the beginning and hire an attorney later if you run into trouble. You can pay for an hour of their time to set the whole thing up — payment plans are available with most attorneys — that should cover the deed, rental lease, any court filings you might need to do and the creation of an LLC to handle all your transactions.
The quickest way to file your completed quick deed form is to take it to the courthouse in the county where the property is located. Most people go downtown for this, which can be a long trip depending on your location in Georgia. You can also file it online or through the office of the magistrate. Once you’ve filed it, the court staff will give you a certified copy for your records.

Consulting a Lawyer About Quick Deeds

Involving a real estate attorney can be invaluable when considering transferring property with a quick deed. The Georgia real estate attorneys at McMichael & Gray PC routinely draft quick deeds for buyers and sellers throughout the state of Georgia. We can advise you on your questions related to quick deeds and closing issues, with your best interest in mind.
While the appeal of a do-it-yourself approach is understandable, in some situations it can lead to major complications that would have been avoided if the seller had consulted a legal expert first. For instance, the seller may not realize that a quick deed is not enough to get a loan. In this situation, the lender may refuse to lend money to a buyer who uses a quick deed to purchase a property instead of a warranty deed. A good warranty deed requires a transfer tax , such as a one percent (1%) "transfer tax" that is collected by Georgia Department of Revenue every time a property changes hands.
Sometimes the seller wrongly assumes that because a quick deed is simply a transfer of property without a title company, it can be used to accomplish anything. For example, if the property is owned by two people, one of whom has died, the surviving spouse must file a petition for letters of administration before a quick deed can be prepared. If the surviving spouse does not file a petition for letters of administration before preparing a quick deed, the quick deed may be invalid.
Consulting a qualified attorney can help you with issues or specific concerns you may have regarding your specific property and desired outcome.