Warranty Deed
A warranty deed is the most common type of deed used in most purchase and sale transactions. It offers the best protection for the grantee because it guarantees that the title is good and marketable.
Quit Claim Deed
A Quit Claim Deed transfers ownership interest of the grantor to the grantee without any warranties or guarantees that title is good or that the property is free of liens or claims.
Filing Guide
To make a change on the deed of a property a new deed must be prepared. Additionally, PT-61 forms are required and available online at www.gsccca.org/file. The form must be completed online, printed and submitted with new deed at time of recording.
An attorney or business can prepare the new deed. You can also prepare the new deed yourself, however, please note that Clerk's office cannot give legal advice, nor can we assist in preparing the new deed or PT-61 forms. For your convenience, public computers are available for filing out the PT-61 forms, if needed.
Once the form is prepared, the new deed will need to be filed with the Clerk's office. The filing fee is $25.00. Payment of transfer tax is required at time of recording if not exempt. Authority O.C.G.A. §48-6-1; §48-6-2.
There are three ways to file:
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All self-filers MUST eFile real estate documents. (Per HB 1292 effective January 1, 2025)
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These Groups may file via paper or eFile: (Per HB 1292 effective January 1, 2025)
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Georgia-licensed attorneys,
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Mortgage lenders, (Georgia licensed or exempt)
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Mortgage servicers, (as such term is defined in 12 C.F.R. Section 1024.2)
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Federally insured bank or credit unions
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Georgia -licensed surveyors,
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Title insurance companies, (Georgia licensed)
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Georgia-licensed real estate brokers or salespersons,
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Any public official.
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In person: Mon – Friday from 8:00 am to 4:30 pm
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By Mail: Deeds and Records 90 North Street, Suite G-150 Canton, GA 30114
Requirements to be filed
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Submit the original document with original signatures for recording
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The deed must describe the real property, full legal description located in Cherokee County.
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Make sure your document has a grantor and a grantee
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Be signed by the grantor party/parties
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Must be signed, have unofficial witness signature and be notarized
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The Clerk’s office will not notarize documents
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Make sure the fees are enclosed payable to Cherokee Clerk of Court (Not applicable for self-filers)
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Money order or certified funds – made out to the Cherokee Clerk of Court
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Cash (we do not recommend sending cash through the mail)
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Credit Cards for in office filing only (adds 3% convenience fee)
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Include a return address at the top left corner of each document
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A three-inch margin at the top of the first page
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Generated PT61 form required for all conveyances
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.