A closing package is a stack of paper, and most of it arrives the same day you sign. Knowing what each piece does makes the signing shorter and your questions better. This page covers the documents the law speaks to; your closing attorney can walk you through the rest.
At a glance
| Document | Who issues it | What it does |
|---|---|---|
| Loan Estimate | Your lender | Your first estimate of loan terms and costs |
| Closing Disclosure | Your lender | Final loan terms, payments and closing costs |
| Deed (warranty, limited warranty or quitclaim) | Prepared for the seller by a licensed Georgia attorney | Moves the property to the buyer |
| Security deed | Signed by the borrower to the lender | Pledges the property for the loan |
| PT-61 transfer tax declaration | Filed online through GSCCCA | Reports the sale for the transfer tax |
| Lender’s title policy | Title insurer, usually required by the lender | Protects the lender |
| Owner’s title policy | Title insurer, if the buyer chooses one | Protects the owner |
The Loan Estimate and the Closing Disclosure
These are the lender’s forms, not the attorney’s. The Closing Disclosure is the one to read line by line against the Loan Estimate.
The two federal loan forms
- The lender must provide a Loan Estimate within three business days of receiving your mortgage application. CFPB, Ask CFPB: What is a Loan Estimate? (page last modified Aug. 14, 2024), checked 2026-10-19
- The Closing Disclosure is a five-page form with final details of your loan, including loan terms, projected monthly payments and closing costs. CFPB, Ask CFPB: What is a Closing Disclosure? (page last modified Sept. 6, 2024), checked 2026-10-19
- Your lender must give you the Closing Disclosure at least three business days before you close on the mortgage loan. CFPB, Ask CFPB: What is a Closing Disclosure? (page last modified Sept. 6, 2024), checked 2026-10-19
- Federal Closing Disclosure rules include lines for prorated city and county taxes between buyer and seller at closing. CFPB eRegulations, 12 CFR 1026.38 (Regulation Z, Closing Disclosure content) and official interpretations, checked 2026-10-19
The CFPB explains both: What is a Loan Estimate? and What is a Closing Disclosure?. If a number moved, ask your loan officer to explain it in writing before closing day. Many closings also use a settlement statement from the closing attorney’s office; ask for it ahead of time and check that it agrees with the Closing Disclosure.
The deed
The deed is the document that moves ownership. In Georgia, preparing it for someone else is attorney work, and it has to be signed a certain way.
What the law says about deeds
- The Court said its rule covers deeds of conveyance including warranty deeds, limited warranty deeds, quitclaim deeds, security deeds and deeds to secure debt. Supreme Court of Georgia, In re UPL Advisory Opinion 2003-2, 277 Ga. 472 (2003), opinion text (PDF) hosted by the State Bar of Georgia, checked 2026-10-19
- The Supreme Court of Georgia has held that only a licensed Georgia attorney may prepare a deed of conveyance or oversee its signing for someone else. Supreme Court of Georgia, In re UPL Advisory Opinion 2003-2, 277 Ga. 472 (2003), opinion text (PDF) hosted by the State Bar of Georgia, checked 2026-10-19
- A Georgia deed to land must be in writing, signed by the maker, attested by an officer (such as a notary) and attested by one other witness. O.C.G.A. 44-5-30 (2024 Georgia Code), Justia page via Internet Archive capture of 2025-05-12 (also matches FindLaw text), checked 2026-10-19
Which kind of deed you get is a contract question. Ask your agent what your contract calls for, and ask a Georgia attorney what the difference means for you.
The security deed
If you borrow, you sign a second deed, this one to the lender. Georgia uses a deed to secure debt, which works differently from a mortgage in some other states.
The security deed
- In Georgia, a deed to secure debt passes title to the lender until the debt is paid, and courts treat it as an absolute conveyance, not a mortgage. O.C.G.A. 44-14-60, via FindLaw Codes (marked 'Current as of March 28, 2024'), checked 2026-10-19
- Georgia's transfer tax does not apply to instruments given to secure a debt, such as a buyer's security deed to the lender. O.C.G.A. 48-6-2, via FindLaw Codes (marked 'Current as of March 28, 2024'), checked 2026-10-19
- Georgia's intangible recording tax on a security deed is $1.50 for each $500 or fraction of $500 of the loan's face amount. Georgia Department of Revenue, Intangible Recording Tax page, checked 2026-10-19
- The lender owes the intangible recording tax but may pass the cost on to the borrower; it may not be treated as a finance charge. Georgia Department of Revenue, Intangible Recording Tax page, checked 2026-10-19
The intangible recording tax on that security deed is one of the state charges on your Closing Disclosure. Work it out with the intangible tax calculator.
The PT-61 transfer tax form
PT-61 and the transfer tax
- The PT-61 Real Estate Transfer Tax Declaration is completed and filed online through the Georgia Superior Court Clerks' Cooperative Authority (GSCCCA). Georgia Department of Revenue, Real Estate Transfer Tax page, checked 2026-10-19
- GSCCCA says the PT-61 is now completed on its website and a 'reference copy' of the form is filed with the deed. Georgia Superior Court Clerks' Cooperative Authority (GSCCCA), PT-61 Project page, checked 2026-10-19
- The transfer tax must be paid before a deed can be recorded with the clerk of superior court, and the clerk attaches a certification that it was paid. Georgia Department of Revenue, Real Estate Transfer Tax page, checked 2026-10-19
More from GSCCCA’s PT-61 page and the Department of Revenue. Work out the transfer tax.
Title insurance: two different policies
The two policies sound alike and protect different people. Read the names on each one.
Lender’s and owner’s policies
- Most lenders require a lender's title policy, while an owner's policy is something the buyer may choose to buy. CFPB, Ask CFPB: What is owner's title insurance? (page last modified Aug. 5, 2024), checked 2026-10-19
- Lender's title insurance protects only the lender and does not protect the buyer's equity. CFPB, Ask CFPB: What is lender's title insurance? (page last modified Sept. 13, 2024), checked 2026-10-19
- Owner's title insurance protects the homeowner if someone sues claiming an interest in the home from before the purchase. CFPB, Ask CFPB: What is owner's title insurance? (page last modified Aug. 5, 2024), checked 2026-10-19
- You can usually shop for title insurance separately from your mortgage, and buying both policies from the same provider usually costs less overall. CFPB, Ask CFPB: What is owner's title insurance? (page last modified Aug. 5, 2024), checked 2026-10-19
The CFPB pages are short and worth reading: lender’s title insurance and owner’s title insurance. Whether to buy an owner’s policy is your decision; ask your closing attorney what it covers and what it costs.
Seller forms for out-of-state owners
A seller who does not live in Georgia may see withholding paperwork at closing. The buyer is the one who reports it to the state.
Nonresident withholding paperwork
- A nonresident seller can give the buyer a sworn affidavit of the gain, and the buyer then withholds 3 percent of the gain instead of the price. O.C.G.A. 48-7-128 (2025 Georgia Code), via Justia, checked 2026-10-19
- A seller who meets listed conditions (such as having filed Georgia returns for the two prior years) and signs a sworn affidavit is treated as a Georgia resident for this withholding. O.C.G.A. 48-7-128 (2025 Georgia Code), via Justia, checked 2026-10-19
- The buyer reports and pays Georgia's nonresident withholding on Form G2-RP, due by the last day of the month after the month of closing. Georgia Department of Revenue, Form G2-RP (Rev. 06/01/23), PDF, checked 2026-10-19
Whether an exemption fits you is a tax question for a tax professional. Nonresident seller withholding.
After closing: your recorded deed
Once recorded, the deed becomes part of the county’s land records. In Lumpkin County that is the Clerk of Superior Court.
Where the record lives
- Georgia law says every deed conveying land is to be recorded in the office of the clerk of superior court in the county where the land is located. O.C.G.A. 44-2-1, via FindLaw Codes (marked 'Current as of March 28, 2024'), checked 2026-10-19
- An unrecorded deed can lose its priority to a later recorded deed from the same seller if the later buyer had no notice of the earlier deed. O.C.G.A. 44-2-1, via FindLaw Codes (marked 'Current as of March 28, 2024'), checked 2026-10-19
- The Lumpkin County Clerk of Courts is the custodian of the county's land and property records. Lumpkin County, Ga. official website, Clerk of Superior Court page, checked 2026-10-19
How to look up your deed in Lumpkin County.
Questions buyers ask
What is the difference between a deed and a security deed?
The deed moves the property to the buyer. A Georgia security deed, or deed to secure debt, passes title to the lender until the debt is paid, and courts treat it as an absolute conveyance, not a mortgage.
Source: O.C.G.A. 44-14-60, via FindLaw Codes (marked 'Current as of March 28, 2024')
Do I have to buy owner’s title insurance?
Most lenders require a lender’s title policy. An owner’s policy is something the buyer may choose to buy.
Source: CFPB, Ask CFPB: What is owner's title insurance? (page last modified Aug. 5, 2024)
Does the lender’s title policy protect me?
No. Lender’s title insurance protects only the lender and does not protect the buyer’s equity.
Source: CFPB, Ask CFPB: What is lender's title insurance? (page last modified Sept. 13, 2024)
What is a PT-61?
The PT-61 is Georgia’s Real Estate Transfer Tax Declaration. It is completed and filed online through the Georgia Superior Court Clerks’ Cooperative Authority (GSCCCA).
Source: Georgia Department of Revenue, Real Estate Transfer Tax page
What is on the Closing Disclosure?
It is a five-page form with the final details of your loan, including loan terms, projected monthly payments and closing costs.
Source: CFPB, Ask CFPB: What is a Closing Disclosure? (page last modified Sept. 6, 2024)
Education, not legal advice. Statutes, fees and forms change; every rule on this page links to the law or office that sets it. Your closing attorney and your contract decide what applies to your closing.
