top of page

Security Deed

 

A security deed (also known as a deed to secure debt, loan deed, or warranty deed to secure debt) is the most common form of securing a financing instrument for real estate loans in Georgia.

Must be filed within 90 days from the date of execution to avoid penalty and interest on tangible tax if the maturity date is more than three years or it is not exempt, O.C.G.A. §48-6-61

 

Requirements to be filed

  • Submit the original document with original signatures for recording

  • Must meet the filing requirements of HB 974 as of 07/01/2023

    • On the first page of the document

    • The date of the document

    • The names of the signatories of the document

    • The grantee's mailing address

    • Map and parcel identification information, if applicable

    • The original loan amount or the amount of any outstanding principal and additional advance pursuant to a loan modification

    • The initial maturity date or dates for such debt

    • The amount, if any, of the intangible recording tax imposed on such deed to secure debt

    • The amount, if any, of the intangible recording tax imposed for an additional advance pursuant to a security deed modification agreement or other additional advance secured by a security deed

    • If no intangible tax is imposed, a citation to the authority providing for an exemption of such tax

  • The deed must describe the real property, full legal description located in Cherokee County.

  • Be signed by the party/parties

  • Must be signed, unofficial witness and notarized

  • The Clerk’s office will not notarize documents

  • Make sure your fees are enclosed payable to Cherokee Clerk of Court (Not applicable for self-filers)

    • Money order or certified funds – made out to the Cherokee Clerk of Court

    • Cash (we do not recommend sending cash through the mail)

    • Credit Cards for in office filing only (adds 3% convenience fee)

  • Include a return address at the top left corner of each document. 

  • A three-inch margin at the top of the first page

 

There are three ways to file:

  • All self-filers MUST eFile real estate documents. (Per HB 1292 effective January 1, 2025)

  • These Groups may file via paper or eFile: (Per HB 1292 effective January 1, 2025)

    • Georgia-licensed attorneys,

    • Mortgage lenders, (Georgia licensed or exempt)

    • Mortgage servicers, (as such term is defined in 12 C.F.R. Section 1024.2)

    • Federally insured bank or credit unions

    • Georgia -licensed surveyors,

    • Title insurance companies, (Georgia licensed)

    • Georgia-licensed real estate brokers or salespersons,

    • Any public official.

  • In person: Mon – Friday from 8:00 am to 4:30 pm

  • By Mail: Deeds and Records 90 North Street, Suite G-150 Canton, GA 30114

 

This document contains general information about legal matters pertaining to documents filed with the Clerk of Superior Court. This information is not to be construed as legal advice. It is always in your best interest to consult an attorney regarding questions or concerns prior to filing.

bottom of page