Kelly Faris, Real Estate Pro in 30269

I have Buyers in Georgia who are being misled that an out of state title company can conduct a closing in the state of Georgia. Does anyone else?

Asked by Kelly Faris, 30269 Tue Mar 12, 2013

The title company is located in Rhode Island and drafts the deed and documents in Rhode Island. Then they contract a Georgia attorney to conduct a "witness only" closing. Has anyone else had problems with their Buyers being convinced that this is ethical and legal?

Help the community by answering this question:


The title company usually has someone in your state that conducts the closing on the title company's behalf. Shows up with documents, has the buyer do his/her part and receives escrow if applicable.

Be on top of things! If there are tax pro-rations for small burgs or HOA dues for subdivisions make sure you know what has to be paid because many times they will not find those things in their search.
You want all that paid by the Seller and it may involve work on your part to get it done.

What is delayed is the Broker compensation. It is mailed after the fact.
I had one compensation check that took over a month after the closing to arrive.
Make sure they have all of your information correct and you have a contact person.

Good Luck with your sale,
0 votes Thank Flag Link Wed Mar 13, 2013
Hi Kelly,
I dont understand how your buyers are being misled. Most REO sellers use a specific title company for their REO closing. There are a variety of these types of companies and most of them seem to be based on PA or somewhere in the NE. I have not seen any based in GA.

This means that the title company will do all of the title work. They will then contract a local GA closing attorney to conduct the transaction then disburse the funds.

This has been the process for the last 4-5 years with REO transactions.

Rodney Mason, NMLS #151088
Sr Loan Officer
Prospect Mortgage
825 Juniper St NE, Atlanta, GA 30308
Office: (404) 591-2453
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Licensed in Alabama & Georgia with over a decade of mortgage lending experience.

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0 votes Thank Flag Link Wed Mar 13, 2013
This is not an REO sale. I never mentioned REO in my question. It is my understanding that "Witness Only" closings are not legal in Georgia.
Flag Thu Mar 14, 2013

I will leave the ethics to someone else, but out of state title companies can handle a home purchase closing in the state of Georgia, although there must be an attorney involved in the transaction which appears to be the case here. It may not be desirable but it can be legally done.



Timothy Brown | LPO Manager
Evolve Bank & Trust
11605 Haynes Bridge Road Suite 125 | Alpharetta, GA 30009
678.468.5626 x110 | fax 678.935.1156 | cell 678.467.9959
NMLS#: 168281
0 votes Thank Flag Link Wed Mar 13, 2013
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