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Below is a glossary of common terms to help you better understand the real estate closing, loan, and title process.

Limited Warranty Deed

Deed that transfers title from the seller to the purchaser in which the seller is warranting good title from the time they acquired their title interest through the date of the sale.

Mortgage (Security Deed in GA)

An Agreement between you and a lender that allows you to borrow money to purchase or refinance a a home and gives the lender the right to take (or foreclose on ) your property if you fail to repay the money you've borrowed.

Seller Worksheet

Contains critical pre-closing information that will ensure a smooth closing.  The sooner we receive this information, the better!

Buyer Worksheet

Contains critical pre-closing information that will ensure a smooth closing.  The sooner we receive this information, the better!

Power of Attorney (POA)

Written authorization to represent or act on another's behalf.  These must be specific to each purchase or sale of real estate, or applicable loan closing.

Seller / Owner's Affidavit

The owner asserts that there are no liens, claims, or judgements against the property, and that the owner has good title to the property.

Seller's Affidavit of Residence and Withholding Tax Affidavit

The owner states that they are or are not a residence to the state of GA and whether the property being sold was their primary residence.

Corporate Resolution 

Written document created by the authorized officers, members or managers of a company which binds the company to act, and should be specific to the purchase or sale of real estate and who has authority to sign the closing documents.

Certification of Trust (Trust Certificate)

Legal document that can be used to certify both the existence of a Trust, as well as to prove a Trustee's legal authority to act.

Notary

A person authorized to perform acts in legal affairs, in particular witnessing signatures on documents.  Note that execution of documents for Georgia real estate must be signed in the presence of the Notary, and an unofficial witness in the case of the deed to convey title.

1031 Exchange

A 1031 exchange defers the seller's payment of capital gains. The Seller can sell a property held for business or investment purposes and swap it for a new one that you purchase for the same purpose, allowing you to defer capital gains tax on the sale.

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