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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

    • 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:



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.

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