Georgia · owner financing
Georgia owner financing, explained.
A plain-English guide to owner financing (also called seller financing) in Georgia — statute, recording, default remedies, interest caps, and where deals actually happen.
O.C.G.A. § 44-14-1 et seq. (security deeds); general contract law; no dedicated CFD statute
Bonds for title may be recorded under O.C.G.A. § 44-2-1 with the county Clerk of Superior Court; not mandatory. Real estate transfer tax may apply.
Forfeiture per contract terms generally enforced; Georgia courts apply contract-law principles strictly with limited equitable relief. No statutory cure period. If structured as security device, treated like a security deed with non-judicial foreclosure (O.C.G.A. § 44-14-162).
Is owner financing legal in Georgia?
Georgia recognizes 'bonds for title' / 'contracts for deed,' though they are uncommon because Georgia's preferred seller-financing instrument is the security deed (deed to secure debt).
How do you record a owner financing agreement in Georgia?
Bonds for title may be recorded under O.C.G.A. § 44-2-1 with the county Clerk of Superior Court; not mandatory. Real estate transfer tax may apply.
What happens if the buyer defaults?
Forfeiture per contract terms generally enforced; Georgia courts apply contract-law principles strictly with limited equitable relief. No statutory cure period. If structured as security device, treated like a security deed with non-judicial foreclosure (O.C.G.A. § 44-14-162).
What is the maximum interest rate?
7% if no written agreement; up to 16% on loans up to $3,000; commercial loans over $250,000 effectively uncapped under O.C.G.A. § 7-4-2.
What disclosures are required?
Georgia does not mandate a residential property condition disclosure statute (caveat emptor jurisdiction with stigma exceptions); lead-based paint (federal); flood disclosures.
Who's protected — buyer vs. seller
Buyer protections
Limited; Georgia is a relatively seller-friendly state. Equitable interest may be argued. Federal protections (TILA, RESPA, Dodd-Frank SAFE Act) apply if seller meets thresholds.
Seller protections
Strong: contractual forfeiture readily enforced; ejectment via dispossessory action; retention of payments common.
Where in the state do these deals happen?
Rural land sales in South and Middle Georgia; recreational hunting tracts; uncommon for urban Atlanta residential, where security deeds dominate.
Georgia cities
Per-city market notes for owner financing buyers and sellers.
Notable case law
Gilleland v. Welch, 199 Ga. 341 (1945); Holloman v. D.R. Horton, Inc., 241 Ga. App. 141 (1999).
Looking at a Georgia deal?
Send the parcel and the terms — we'll walk through whether owner financing fits, how to record it, and what the cure period looks like if things go sideways.
Talk to WyattEducational content only. Statute citations are public-record research, not legal advice. Georgia contracts and remedies are fact-specific — consult a licensed Georgia real-estate attorney before signing anything.