Thinking of Drafting Your Own Deed? Read This First.
You can find just about anything on the internet, including free deed templates. Just because you can draft your own deed does not mean you should. Real estate law is strictly state-specific, and a form you find online may not comply with Georgia law. A prime example is how a deed must be signed and witnessed. Georgia has distinct requirements for execution and attestation; following instructions intended for another state can leave you with a document that looks official but is legally invalid.
One of the most common mistakes on self-drafted deeds is improper notarization. For a deed to be valid, Georgia law specifically requires a notary to serve as the official witness—meaning the notary must actually watch the Grantor sign the document. Many other states accept a “notary acknowledgment,” where a notary merely attests that the Grantor confirmed their signature, even if the notary never saw them sign it. Most people wouldn’t notice the distinction, but in Georgia, if a notary does not attest they witnessed the person signing, the deed isn’t worth the paper it’s printed on.
Another common misconception is that if the Clerk of Superior Court accepts and records a deed, it must be valid. In truth, recording and validity are two entirely different matters. A deed can easily make its way into public records despite defects in execution, who signed it, its legal description, or the property interest it intended to convey. The clerk’s acceptance for recording does not guarantee that the deed achieved what the parties intended.
Worst of all, these issues often go unnoticed for years. You may not discover a defective deed until you try to sell or refinance the property, or until someone passes away and the family learns the deed never accomplished what everyone assumed. By then, fixing the title problem is far more difficult and expensive than having the document properly prepared in the first place.
Before turning a free online template into an expensive title nightmare, talk to a Georgia real estate attorney. A deed is a terrible place to save money with a Google search.
William Jarrett is a real estate closing attorney with Origin Title and Escrow, Inc.. Since 2003, Origin Title has handled real estate transactions – purchases, refinances, reverse mortgages – quickly and professionally. There will be no surprises, nothing misunderstood. Title searches are thorough and well-reasoned, to avoid unpleasant surprises later down the road. Calculate your closing costs in Georgia or Florida using our calculator or contact Origin Title using this form.