A Deed to Secure Debt is a specialized security instrument unique to Georgia law that provides lenders with robust protection in real estate financing transactions. This document type differs from traditional mortgages in that it actually transfers legal title to the lender while allowing the borrower to retain possession and use of the property. The document includes detailed property descriptions, debt terms, default provisions, and foreclosure procedures. A Deed to Secure Debt is particularly valuable to lenders because it enables non-judicial foreclosure, making the foreclosure process potentially faster and less expensive than in mortgage states. The document is commonly used for both residential and commercial property financing in Georgia.
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1. Parties: Identification of Grantor (borrower) and Grantee (lender), including their full legal names, addresses, and legal capacity
2. Property Description: Detailed legal description of the secured property, including address, boundaries, parcel numbers and any easements
3. Debt Description: Specific details of the underlying debt being secured, including principal amount, interest rate, and payment terms
4. Covenants and Warranties: Grantor's promises regarding property maintenance, insurance, taxes, and other obligations
5. Default Provisions: Comprehensive terms defining events of default and available remedies for the lender
6. Power of Sale: Authority and procedures for non-judicial foreclosure in case of default
1. Secondary Financing Provisions: Terms governing additional financing or future advances against the property
2. Assignment Provisions: Terms governing the transfer or assignment of the security deed to other parties
3. Riders: Additional terms for special property types such as condominiums or planned unit developments
1. Schedule A: Comprehensive legal description of the property including metes and bounds or lot descriptions
2. Schedule B: List of permitted encumbrances, exceptions, and existing liens on the property
3. Exhibit A: Copy of the promissory note or other debt instrument being secured by the deed
4. Property Survey: Official survey showing property boundaries, improvements, and easements
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