Special Warranty Deed

SPECIAL WARRANTY DEED

State of Georgia

Recording Requested By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Tax Parcel ID:
_____________________________________________

SPACE ABOVE THIS LINE FOR CLERK'S USE

DOCUMENT INFORMATION

SPECIAL WARRANTY DEED

STATE OF GEORGIA
COUNTY OF _________________

This Special Warranty Deed is made and entered into this _____ day of _________________, 20_____.

ARTICLE I: PARTIES

Section 1.1 Grantor(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Marital Status:
☐ An individual
☐ Husband and wife
☐ An unmarried individual
☐ A _________________ [entity type], organized under the laws of _________________ [state]

Section 1.2 Grantee(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Vesting:
☐ An individual
☐ Husband and wife, as joint tenants with right of survivorship
☐ Husband and wife, as tenants in common
☐ As joint tenants with right of survivorship
☐ As tenants in common
☐ As tenants by the entirety (if husband and wife)
☐ A _________________ [entity type], organized under the laws of _________________ [state]

ARTICLE II: CONVEYANCE

Section 2.1 Granting Clause

For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, Grantor does hereby GRANT, BARGAIN, SELL AND CONVEY unto Grantee, and Grantee's heirs, successors, and assigns, all that tract or parcel of land lying and being in Land Lot _______ of the _______ District of _________________ County, Georgia, and being more particularly described as follows:

Section 2.2 Legal Description

See Exhibit "A" attached hereto and incorporated herein by reference.

Property Address: _____________________________________________

Tax Parcel Identification Number: _____________________________________________

Section 2.3 Appurtenances

TOGETHER WITH all and singular the rights, members, hereditaments, and appurtenances to said tract of land belonging or in anywise appertaining; TO HAVE AND TO HOLD said tract of land, with the appurtenances, unto the said Grantee, Grantee's heirs and assigns, in fee simple.

ARTICLE III: LIMITED WARRANTY COVENANTS

Section 3.1 Special Warranty

Grantor does hereby covenant with Grantee that Grantor has done nothing to encumber said property, and that Grantor will WARRANT AND FOREVER DEFEND the right and title to the above-described property unto the said Grantee, Grantee's heirs, successors, and assigns, against the claims of all persons claiming by, through, or under Grantor, but against none other.

Section 3.2 Limitation of Warranty

NOTICE: This is a SPECIAL WARRANTY DEED (also known as a Limited Warranty Deed). The warranties contained herein are LIMITED to claims arising during or through Grantor's period of ownership. This deed does NOT contain full warranty covenants and does NOT warrant against:

• Defects in title arising prior to Grantor's acquisition of the property
• Claims of persons NOT claiming by, through, or under Grantor
• Matters of record prior to Grantor's ownership

Section 3.3 Statutory References

This conveyance is made pursuant to:

• O.C.G.A. § 44-5-30 et seq. (Conveyances generally)
• O.C.G.A. § 44-2-1 et seq. (Recording of deeds)
• O.C.G.A. § 44-5-60 et seq. (Covenants of title)
• O.C.G.A. § 48-6-1 et seq. (Real estate transfer tax)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

This conveyance is made subject to:

(a) Ad valorem real property taxes for the year 20_____ and subsequent years, a lien but not yet due and payable;

(b) All applicable zoning ordinances, subdivision plats, building codes, and governmental regulations;

(c) All covenants, conditions, restrictions, reservations, rights-of-way, and easements of record;

(d) All matters which would be disclosed by an accurate survey and inspection of the property;

(e) Rights of parties in possession;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: TRANSFER TAX INFORMATION

Section 5.1 Georgia Real Estate Transfer Tax

Transfer Tax Rate: $1.00 per $1,000.00 (plus $0.10 per $100.00) of the value of property conveyed (O.C.G.A. § 48-6-1)

Consideration/Value: $_____________________

Transfer Tax Due: $_____________________

☐ This transfer is exempt from transfer tax pursuant to O.C.G.A. § 48-6-2 because:
_____________________________________________

Section 5.2 PT-61 Form

A completed Real Estate Transfer Tax Form (PT-61) is attached hereto and made a part hereof as required by Georgia law.

ARTICLE VI: EXECUTION

Section 6.1 Grantor's Signature

IN WITNESS WHEREOF, the Grantor(s) have signed, sealed, and delivered this Special Warranty Deed on the date first written above.

Signed, sealed and delivered in the presence of:

GRANTOR(S):

_____________________________________________
Unofficial Witness

_____________________________________________
Notary Public/Official Witness

_____________________________________________ (SEAL)
Grantor Signature

_____________________________________________
Printed Name

Date: _____________________________________________

_____________________________________________ (SEAL)
Grantor Signature

_____________________________________________
Printed Name

Date: _____________________________________________

ARTICLE VII: ACKNOWLEDGMENT

Section 7.1 Georgia Acknowledgment (Individual)

STATE OF GEORGIA
COUNTY OF _________________

Before me, the undersigned officer duly authorized in this State to take acknowledgments, personally appeared:

_____________________________________________

known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and who acknowledged to me that he/she/they executed the same as his/her/their free act and deed for the uses and purposes therein set forth.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal this _____ day of _________________, 20_____.

_____________________________________________
Notary Public, State of Georgia

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.2 Georgia Acknowledgment (Entity)

STATE OF GEORGIA
COUNTY OF _________________

Before me, the undersigned officer duly authorized in this State to take acknowledgments, personally appeared:

_________________________ as _________________________ [title] of _________________________ [entity name],

known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and who acknowledged to me that he/she executed the same in his/her representative capacity as an authorized representative of said entity, and that by his/her signature on the instrument, the entity executed this instrument.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal this _____ day of _________________, 20_____.

_____________________________________________
Notary Public, State of Georgia

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.3 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

Before me, the undersigned officer duly authorized in said State to take acknowledgments, personally appeared:

_____________________________________________

known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and who acknowledged to me that he/she/they executed the same.

This deed was attested by two witnesses, one of whom is the undersigned Notary Public.

_____________________________________________
Witness Signature

_____________________________________________
Printed Name

IN WITNESS WHEREOF, I have hereunto set my hand and official seal this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

All that tract or parcel of land lying and being in Land Lot _______ of the _______ District of _________________ County, Georgia, and being more particularly described as follows:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

GEORGIA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees

Transfer Tax (O.C.G.A. § 48-6-1)

Example: Property value of $550,000 = $550.00 transfer tax

Transfer Tax Exemptions (O.C.G.A. § 48-6-2)

• Transfers to or from the United States, Georgia, or political subdivisions
• Gifts of real property
• Transfers between spouses
• Transfers to trusts where transferor is beneficiary
• Transfers pursuant to merger or consolidation
• Deeds of correction

Important Georgia Requirements

1. Two Witnesses Required: Georgia requires two witnesses for deed execution, one of whom may be the notary public (O.C.G.A. § 44-2-21).

2. PT-61 Form: All deeds must be accompanied by a completed PT-61 form and payment of transfer tax (unless exempt).

3. Electronic Filing (2025): HB 1292, effective January 1, 2025, requires self-filers to submit real estate documents via electronic filing.

4. Intangible Recording Tax: If the deed secures a debt, intangible recording tax may apply (O.C.G.A. § 48-6-60 et seq.).

Document Format Requirements

• Paper size: 8.5" x 11" or 8.5" x 14"
• Margins: Adequate for recording stamps
• Ink: Black or blue ink
• Font: Legible
• Original signatures required

Important Legal Notes

1. Constructive Notice: Recording provides constructive notice to subsequent purchasers and creditors.

2. Priority: Georgia is a race-notice state.

3. Marital Rights: Georgia does not have dower or curtesy rights.

4. Title Insurance: Grantees should consider obtaining title insurance.

5. Legal Counsel: Consultation with a licensed Georgia attorney is recommended.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Georgia Bar Number (if applicable)

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Georgia attorney before using this form.