Georgia Security Deed (Deed to Secure Debt): How Home Loans Work Under O.C.G.A. §§ 44-14-60 through 44-14-64

When you buy a home in Georgia and take out a loan, you won't sign a mortgage — you'll sign a Security Deed (also called a Deed to Secure Debt). Unlike most other states, Georgia uses the security deed as the primary instrument for real estate financing, and it carries specific notarization and witnessing requirements under state law.

What Is a Georgia Security Deed?

A Security Deed is a legal document that transfers title to real property to a lender (the grantee) as collateral for a loan, while the borrower (the grantor) retains the right to possess and use the property. The borrower regains clear title once the loan is repaid in full.

Key features of a Georgia Security Deed include:

• Title-based security: The lender holds legal title until the debt is satisfied, unlike a mortgage which creates a lien.
• Power of sale: Almost all security deeds include a power of sale clause, allowing the lender to foreclose non-judicially if the borrower defaults — a faster and less expensive process than judicial foreclosure.
• Promissory note paired: The security deed is always accompanied by a promissory note, which is the borrower's personal promise to repay the loan.

Why Georgia Law Requires Notarization

Under O.C.G.A. § 44-14-61, a security deed must be attested or acknowledged by an official witness — typically a notary public — before it can be recorded. Additionally, O.C.G.A. § 44-14-33 requires two witnesses for any deed conveying an interest in land:

• One unofficial witness (a person who is not the notary)
• One official witness (the notary public, who also takes the acknowledgment)

Both witnesses must be present when the borrower signs. The notary verifies the signer's identity, witnesses the signature, and affixes their official seal. This dual-witness system provides strong evidence that the execution was proper, which is critical when the deed is later recorded in the county's real estate records and relied upon by title companies, subsequent purchasers, and the courts.

Without proper notarization and witnessing, the Clerk of Superior Court will reject the deed for recording, leaving the lender without a perfected security interest in the property.

Recording Requirements

Once properly executed, the security deed must be recorded with the Clerk of Superior Court in the county where the property is located — within 90 days of execution under O.C.G.A. § 48-6-61 to avoid penalties. A recording fee and intangible recording tax (.50 per 00 of the secured debt) apply.

Official Form and Resources

Georgia does not prescribe a single statewide form for security deeds. Lenders and attorneys typically draft the document to meet the specific requirements of the transaction. However, you can find standard templates and more information at these resources:

• O.C.G.A. § 44-14-61 — Signing of deeds to secure debt (Justia)
• O.C.G.A. § 44-14-33 — Attestation or acknowledgment of mortgage (Justia)
• Georgia Deed to Secure Debt and Promissory Note Form (Deeds.com)
• Cobb County Clerk — Deeds Information

Frequently Asked Questions

Can the notary serve as one of the two witnesses?
Yes. Under Georgia law, the notary may be one of the two required witnesses. There must still be a second, unofficial witness present at the time of signing.

Does a security deed need to be recorded?
While unrecorded security deeds are valid between the borrower and lender, recording provides constructive notice to the world and establishes priority over subsequent claims against the property.

What happens if the security deed is not notarized?
The Clerk of Superior Court will reject it for recording, and the lender's security interest may be unenforceable against third parties.

Need this document notarized? Find a trusted notary in your area on Notary of Gwinnett.