A "Deed to Secure Debt" often called a "Security Deed" that is protected by a "Promissory Note" is the preferred method of financing by Lenders in Georgia. Foreclosures can be done non-judicially saving time and expense. It being intended by the parties that this document shall operate as a deed, not as a mortgage and is made under those provisions of O.C.G.A. Sections 44-14-60 through 44-14-85 to secure the payment of Indebtedness.

There are two parties in this instrument.
"Borrower" means a person who has secured an indebtedness with a security interest in real property or a person who has taken an interest in real property subject to an outstanding security interest in the real property and has notified the holder of the security interest that he has taken the real property and assumed the indebtedness secured by the real property. (Section 44-14-5)(1)

"Lender" means a person who has a security interest in real property, which interest is evidenced by a security deed, a mortgage, a trust deed, a bond for title, or other security document granting a security interest in real property to secure an indebtedness owed to the lender. (Section 44-14-5)(2)

All transfers of deeds to secure debt shall be in writing; shall be signed by the grantee or, if the deed has been previously transferred, by the last transferee; and shall be witnessed as required for deeds. 44-14-64(a) This Document meets Georgia County and State recording requirements

Every deed to secure debt shall be recorded in the county where the land conveyed is located. Every bill of sale to secure debt shall be recorded in the county where the maker, if a resident of this state, resided at the time of its execution and, if a nonresident, in the county where the personalty conveyed is located. Deeds or bills of sale not recorded shall remain valid against the persons executing them. The effect of the failure to record deeds and bills of sale shall be the same as the effect of the failure to record a deed of bargain and sale. 44-14-63(a)
(A deed to secure debt shall not be recorded unless it includes the mailing address of the grantee thereof.) (44-14-63(b))

The Promissory Note is a contract used to evidence the debt owed by the borrower. The borrower promises to pay the lender the agreed amount under certain terms and conditions, these include interest rate, late payments, default interest rate (what the interest rate increases to, after a specified number of days)

Use for Residential Property, Condominiums, Rental Property, Vacant Land, Planned Unit Development and Small Commercial Property.

(Georgia Deed to Secure Debt Package includes forms, guidelines, and completed examples) For use in Georgia Only.

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