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Non profit entity is renewing note. Entity has amended name since original note & security deed. Security (real property) titled

Moultrie, GA |

in original name. Question: Should a new warranty deed be recorded in new name so that new note will be compatible with the secured property?

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Attorney answers 3


There is no need to record a new deed unless it is important to you to do so. In general the simplest way to handle is to have the note indicate something to the effect: X corp formerly known as Y corp, by virtue of a name change filed with the Georgia Secretary of State on MM/DD/YY.

Disclosure: This answer and any information contained in this answer is not intended to be treated as legal advice. It is for informational purposes to educate about legal issues. You should contact an attorney for specific legal advice for your situation. Specific legal advice based on full knowledge of your specific situation and all facts may differ from general information. This posting does not create an attorney-client relationship or privilege of any kind. This attorney actively licensed only in the State of Georgia. If this is a Georgia matter, you may of course contact me to discuss possible representation. FEEDBACK: Both AVVO and other readers are interested in your feedback on the quality of the answers. Please check the “thumbs up” symbol if you find an answer helpful.


The prior response is correct. The new note and Security Deed (if a new one is being done) should have both the old and new name to ensure the lender has proper security in the property.

However, the cost of a new deed to put record ownership in the new name is pretty low and fairly easy to do.


There is a specific provision of the Georgia Nonprofit Corporations Code which answers your question. I don't know the cite offhand, but what I've done is to file a "Notice of Corporate Name" change in the real estate records and attach as an exhibit a Certified Copy of the Certificate of Name Change issued by the GA Secretary of State. For good measure, have the Ceritificate cross-referneced on the real estate records to the original deed under with the entity obtained title.

[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

Charles I. Pollack

Charles I. Pollack


..more...once you've filed the Notice of Corporate Name Change and it's been cross-referenced, you can use only the new corporate name in any future documents. Of course, there's nothing wrong with also adding, ".....[new name] formerly known as [old name]..." to any documents.

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