In Georgia, the closing attorney represents the lender if the property is financed or the buyer if it is a cash purchase. The closing attorney is asked to perform certain tasks for the lender/buyer such as transferring title, setting up the lien against the property for the lender, collecting and disbursing funds as required by the terms of the transaction. Under the Georgia Fair Lending Act, GAFLA, the borrower has the right to select the closing attorney.

Most of all the hard work is performed prior to closing. As a result, the closing, where all the transfer and loan documents are signed, typically lasts around half an hour to forty-five minutes. On a rare occasion there may be an issue that arises during closing which might prolong the closing ceremony, but this situation rarely happens. Consider arriving for your closing ten to fifteen minutes early and expect the closing to be wrapped up within an hour.

Buyers are responsible for bringing to closing anything that has been specifically requested of them by the lender or closing attorney such as copies of banks statements or insurance. Also, buyers should bring two copies of a valid photo ID such as a driver’s license or passport.

Sellers should also bring a valid photo ID and any documents required by the contract or requested by the closing attorney such as the original power of attorney and/or home warranty. Sellers may also bring keys and other entry cards to the property, information regarding homeowners’ associations and the property’s appliances and systems.

Buyers: At closing, Buyers tend to sign the most documents. Most of these documents are universal and are generally mandated by state and federal law. The good news is that all these documents are already prepared by the closing attorney prior to the closing date and all the documents are fully explained to the buyer.

Sellers: Generally, ​ sellers can anticipate signing relatively few documents at closing. Sellers should be prepared to sign the Settlement Statement and other documents related to the property’s title and taxes.

Proceeds MUST be payable to the person(s) &/or entities showing of record on title. As a seller, you will be given the opportunity to select a check or wire transfer as your form of payment at closing. It is the seller’s responsibility to obtain and verify their financial institution’s wire instructions before providing them to the settlement agent’s office.

Owner’s title insurance protects your right to your home. If ownership of your property ever comes into question, an owner’s title insurance policy protects you from expensive legal problems that could result in the loss of your home.

Residents outside of Georgia are required by Georgia law to pay a withholding tax on all purchases that have a gain of $20,000. Residents that are not Georgia residents are required to fill out an affidavit of seller’s gain sheet, that we will provide for you to be filled out.

Under the Georgia Good Funds Law, any transaction over $5,000 must be wired over to our office and the buyers cannot use a certified check to clear the closing.

A survey is required to get Title Insurance, if there is no survey you will not be able to get Title Insurance. A survey is the only surefire way to know exactly what it is you are purchasing.