Home Selling in Atlanta>Question Details

Jonespi, Home Owner in Atlanta, GA

Do I need a to use a closing attorney or a title company in Georgia when purchasing/selling a property?

Asked by Jonespi, Atlanta, GA Tue Sep 6, 2011

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15
Georgia is an attorney state. The attorney will be noted on page two of the contract if you are using the GAR (Georgia Association of Realtors) contract.

Sally W. Hamby
Senior Mortgage Banker
Fidelity Bank Mortgage
404 644 7696
2 votes Thank Flag Link Wed Sep 7, 2011
GA is an attorney state when it comes to real estate closings.

Regards,
Rodney Mason, NMLS #151088
Sr Loan Officer
Prospect Mortgage
825 Juniper St NE, Atlanta, GA 30308
Office: (404) 591-2453
rodney.mason@prospectmtg.com
Apply Online at http://www.rodneymason.com
Licensed in Alabama & Georgia
2 votes Thank Flag Link Tue Sep 6, 2011
You do not need to use a closing attorney. The state of GA allows a Notary to verify actual signatures. I know this because I've used a Notary for closings. The lender may require you to use an attorney because the attorney represents the lender, not you. A title company can do the title search. As a matter of fact, you can buy owner's title insurance from a company instead of through a lender's attorney. There are several title companies available for you to choose from. Attorney's simply verify your signature as instructed by the lender. I've been to several closings where the attorney was clueless about what the buyer was signing.
1 vote Thank Flag Link Tue Sep 6, 2011
GUYS, if all your friends vote Obama, do you have to? You have the POWER to chose who you hire and what you do! Love the answer someone gave abt a notary! You can transfer a deed on a napkin under certain circumstances! So as a broker with 10 years experience and one of TOP legal brains in the US (not a lawyer though), my answer is: 1) Have all parties agree IN THE PURCHASE AGREEMENT to close using a title company and / or notary and NOT attorney, B) Parties agree to remove the attorney clause basically; 2) if the other party protests - request they pay ALL CLOSING COSTS; 3) Consult a reputable title company / notary in advance to structure the closing. Or hire me, to save you BIG in real estate acquisitions.. I do charge a $2000 retainer that is partially credited to your closing. I am very good =) at saving my clients money, and help steer them from making mistakes.
0 votes Thank Flag Link Sun Mar 13, 2016
My friends have persuasive reasons for voting for Obama.
Flag Tue Aug 16, 2016
Due you need a attorney or title company if it's in the family
0 votes Thank Flag Link Fri Sep 18, 2015
In residential closings involving Georgia property, licensed attorneys handle the closings and most of the time issue owners' and lenders' title insurance policies. Where there is a lender involved, the attorney technically represents the lender. However, the attorney owes a duty to all parties regarding handling of deeds, recordation and disbursements.

CHRIS PAHL
Real Estate Attorney
Redmond Law Group
3575 Piedmont Rd
Building 15, Suite 120
Atlanta, GA 30305
Tel. 404.237.3700
Web Reference: http://titlelawyer.com
0 votes Thank Flag Link Fri Jul 25, 2014
Yes, a closing attorney is used to facilitate the closing of properties purchased in Georgia.

LaShonda Solomon
Associate Broker
Keller Williams Realty Signature Partners
LaShondaSolomon@kw.com
http://www.LaShondaSolomon.com
(678) 477-5226
0 votes Thank Flag Link Wed Aug 7, 2013
Whats the Best way to do a Real Estate Closing In Arizona
0 votes Thank Flag Link Fri Aug 2, 2013
Yes, you must have an attorney to complete the transaction for you in Georgia. The attorney can take care of the title search and recording the dead and allow for this to be all one easy transaction. Southerners are sharper than most folks seem to think!!!!
0 votes Thank Flag Link Sun Sep 18, 2011
GA is most definitely a closing attorney state. While there may be title companies in GA, they are all owned by closing attorney firms and a closing attorney will conduct the actual closing. Should a buyer or seller not be able to attend the actual closing, a notary may witness that party’s signatures on all of the documents. For REO transactions with an out of state title company, they will contract out the actual closing to a local attorney. The buyer will then meet with that attorney to sign all of the loan paperwork.

When a mortgage is involved, the closing attorney always represents the lender in the transaction. I have never actually had a buyer of seller have their own attorney in addition to the main one being used.

Regards,
Rodney Mason, NMLS #151088
Sr Loan Officer
Prospect Mortgage
825 Juniper St NE, Atlanta, GA 30308
Office: (404) 591-2453
rodney.mason@prospectmtg.com
Apply Online at http://www.rodneymason.com
Licensed in Alabama & Georgia
0 votes Thank Flag Link Wed Sep 7, 2011
YES! You will need an attorney to do the title work and prepare the deed.
0 votes Thank Flag Link Tue Sep 6, 2011
I will go out on a limb and state that probably over 50% of all Georgia sellers are going to insist that you close with their attorney nowadays anyway, so I'll state that most of the time, yes, yes you do need to employ a closing attorney in Georgia.

What are your thoughts about that Jonespi?
0 votes Thank Flag Link Tue Sep 6, 2011
Hello Jonespi, In Georgia the requirement is to use an attorney usually set up by the mortgage company since the attorney will be representing the lender if there is a loan involved unless it is a cash offer you can request to use an attorney of your choice..
0 votes Thank Flag Link Tue Sep 6, 2011
If you needed surgery, would you do it yourself?
YES!!!
0 votes Thank Flag Link Tue Sep 6, 2011
I think it would be advisable to protect your interest. You want the same representation a lender receives.


Nick Nicholas
SunTrust Mortgage
NMLSR 658973
0 votes Thank Flag Link Tue Sep 6, 2011
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