Legal Question in Real Estate Law in Georgia

does a personal guarantee need a witness or notary in georgia


Asked on 10/05/11, 12:26 pm

3 Answers from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Generally, no.

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Answered on 10/05/11, 1:04 pm

I checked the Georgia law. I am not sure what you are signing and why you classed this as a real estate question.

Since neither I or any other attorney knows what you are signing, it is not really possible to give advice. However, some general considerations are that in order to guarantee the debt of another person, the contract must be in writing. The form of the contract does not matter (see statute below).

If you are signing a real estate document and guaranteeing that, then your signature may indeed need witnessed. If this does not involve land and is some kind of personal guarantee of a debt, then perhaps you do not need a witness. Regardless, you might want to have your signature notarized.

� 10-7-1. Contract of suretyship or guaranty defined; liability of surety generally

The contract of suretyship or guaranty is one whereby a person obligates himself to pay the debt of another in consideration of a benefit flowing to the surety or in consideration of credit or indulgence or other benefit given to his principal, the principal in either instance remaining bound therefor. Sureties, including those formerly called guarantors, are jointly and severally liable with their principal unless the contract provides otherwise. There shall be no distinction between contracts of suretyship and guaranty.

� 10-7-4. Form of contract immaterial

The form of the contract is immaterial, provided the fact of suretyship exists.

� 44-14-33. Attestation or acknowledgment of mortgage; additional witness in case of land; constructive notice

In order to admit a mortgage to record, it must be attested by or acknowledged before an officer as prescribed for the attestation or acknowledgment of deeds of bargain and sale; and, in the case of real property, a mortgage must also be attested or acknowledged by one additional witness. In the absence of fraud, if a mortgage is duly filed, recorded, and indexed on the appropriate county land records, such recordation shall be deemed constructive notice to subsequent bona fide purchasers.

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Answered on 10/05/11, 1:45 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

As a general rule, no (some real estate documents could be an exception).

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Answered on 10/05/11, 6:08 pm


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