In Georgia, a licensed attorney conducts the real estate closing. That surprises many buyers who are moving here from states where a title company or escrow agent handles the final steps. Understanding what the closing attorney does, and what you need to do on your end, makes the last stretch of a home purchase smoother and less stressful. This is general information to help you know what to expect; for advice on your specific transaction, talk directly with the closing attorney or your own counsel.
Why Georgia Uses Attorneys for Closings
States handle real estate closings in different ways. Some rely on escrow companies, others on title companies, and some, including Georgia, have attorneys conduct the closing. In practice, this means a licensed Georgia attorney supervises the process of transferring ownership, handling the money and making sure the paperwork is complete and properly recorded.
For buyers and sellers, the main takeaway is that there is a legal professional overseeing the closing. Keep in mind, though, that the closing attorney is often engaged on behalf of the lender or the transaction as a whole. If you want someone representing only your interests, you can ask about that or hire your own attorney.
What the Closing Attorney Does
Title examination
Before closing, the attorney’s office examines the title to the property. That means reviewing public records to trace ownership history and identify anything that could affect the buyer’s ownership: outstanding mortgages, liens, judgments, easements, restrictions or errors in past records. The findings are used to issue title insurance and to determine what needs to be cleared before closing.
Document preparation
The attorney prepares or reviews the closing documents. These typically include the deed transferring ownership, the settlement statement showing all costs and credits, and, if there is a loan, the lender’s documents such as the promissory note and security deed. The attorney makes sure everything is consistent with the contract and the lender’s requirements.
Funds disbursement
At closing, money flows from several directions: the buyer’s funds, the lender’s loan, and payments to the seller, the seller’s lender, agents, taxing authorities and others. The closing attorney receives these funds in a trust or escrow account and disburses them according to the settlement statement.
Recording
After closing, the attorney’s office records the deed and the security deed with the county. Recording puts the change of ownership on the public record and protects the buyer’s interest in the property.
What to Expect for You
For you, closing day involves signing a stack of documents, reviewing final numbers and, at the end, receiving the keys if you are the buyer. Expect to sign at the attorney’s office or by mobile notary.
Signing at the attorney’s office
Many buyers and sellers sign in person at the closing attorney’s office. The attorney or a closing professional will walk you through the documents and answer questions. Plan for the appointment to take some time, and do not hesitate to ask about anything you do not understand.
Signing by mobile notary
If you cannot be in Georgia for closing, a mobile notary can often meet you where you are to sign the documents, which are then returned to the attorney. This is common for out-of-state buyers and sellers. Ask early whether this option is available for your transaction and what the timeline will be, because documents need to be signed and returned before funds can be disbursed.
Bring ID and Wired Funds Arranged in Advance
Two items cause more closing-day delays than almost anything else: identification and money.
Identification
Bring a current government-issued photo ID, such as a driver’s license or passport. Everyone signing documents needs one. Check expiration dates ahead of time, and ask the attorney’s office whether they need more than one form of ID.
Wired funds
Most closings require the buyer’s funds to arrive by wire transfer, and many offices will not accept personal checks for large amounts. Arrange the wire in advance with your bank. Confirm the exact amount from the final settlement statement, and allow time for the transfer to arrive.
Protect yourself from wire fraud
Wire fraud is a real risk in real estate transactions. Criminals sometimes send emails that appear to come from an attorney, agent or lender with “updated” wiring instructions. Before sending any money:
- Call the closing attorney’s office using a phone number you have verified independently, not one from an email.
- Confirm the wiring instructions verbally.
- Be suspicious of any last-minute changes to instructions.
- Never send personal or financial information by unsecured email.
A Closing Timeline
- Contract signed: the attorney is selected, and the contract goes to their office.
- Title search: the attorney’s office reviews the title and orders title insurance.
- Loan approval: the lender finalizes the loan and sends documents to the attorney.
- Settlement statement: the attorney prepares final numbers for review.
- Final walk-through: the buyer confirms the home’s condition.
- Closing: documents are signed, funds are received and disbursed.
- Recording: the deed and security deed are recorded with the county.
Common Closing Questions
- Who picks the attorney? This depends on the contract and the lender. Ask your agent early.
- When will I see final numbers? Ask the attorney’s office when the settlement statement will be ready, and review it carefully.
- What if something is wrong? Raise it right away so it can be corrected before closing.
What to Do Before Your Closing
- Confirm the date, time and location, or arrange a mobile notary.
- Check that your ID is current.
- Arrange your wire and verify instructions by phone.
- Review the settlement statement and ask questions.
- Stay in touch with Sherry, who can help coordinate with the attorney’s office along the way.
