Real Estate Document Types

This is a list of some of the most common document types. There are many other types of documents for real estate and liens. It is always best to consult an attorney in all matters of real estate transactions.
 
  • Warranty Deed -a deed in which granter warrants good clear title. A deed which explicitly contains covenants concerning the quality of title it conveys.

  • Quitclaim Deed - a deed of conveyance operating by way of release; that is, intended to pass any title, interest, or claim which the granter may have in the premises, but not professing that such title is valid, nor containing any warranty or covenants for title.
 
  • Foreclosure sale -A sale of mortgaged property to obtain satisfaction of the mortgage out of the proceeds, whether authorized by a decree of the court or by a power of sale contained in the mortgage. NOTE - In Georgia a security deed is foreclosed, no/ a mortgage and the document type recorded is a Deed Under Power sometimes called a Foreclosure Deed.
 
  • Security Deed- a written instrument that secures real property for payment of a loan, in some states a mortgage or a deed of trust is used for this purpose
 
  • Power of Attorney - An instrument in writing whereby one person, as principal, appoints another as his agent and confers authority to perform certain specified acts or kinds of acts on behalf of principal
 
  • Fi Fa - Fieri Facias (Latin) means that you "cause (it) to be clone" Judicial writ directing sheriff to satisfy a judgment from the debtor's property. NOTE-A Fifa is a lien against all real property owned by the debtor in the County where the Fi Fa is recorded.
 
  • Plat - A map of a specified land area such as a town, section or subdivision, showing the location and boundaries of individual parcels of land subdivided into lots, with streets, alleys, easements, ECT, usually drawn to a scale
 
  • Easement - A right of use over the property of another
 
  • Materialman's Lien - By statue in most states, a person who furnishes material for the construction, improvement, or altercation of a building or other structure has a priority for payment of his claim based on his lien as a supplier of such materials. NOTE: in Georgia, A claim of lien expires and is void 395 days from the date of filing of the claim of lien if no notice of commencement of lien action is filed in that period.