Closing attorneys in Georgia: who they work for and what they do
Every Georgia closing is run by a licensed attorney — but that attorney usually isn't yours.
Georgia is an attorney-closing state
In Georgia, a real estate closing must be conducted by a Georgia-licensed attorney. The closing attorney's office examines title, prepares or reviews the closing documents, collects and disburses the money, supervises signing, and records the deed and security deed with the county.
Who the closing attorney represents
In a financed purchase, the closing attorney typically represents the lender, not you. Their job is to make sure the lender's loan is properly secured and that the transaction closes as agreed. They will be courteous and helpful, but they are not your advocate.
If you want someone looking out only for you — to review the contract, a complicated title issue, a survey problem, or a dispute with the seller — you can hire your own attorney. Do it early, not on closing day.
Who chooses the closing attorney
It is negotiated in the contract. Often the buyer or their lender selects the firm; the lender must approve it either way. Ask your lender which attorneys they work with before you sign an offer, so the contract names one they accept.
What the attorney's office handles
- Title search and title commitment — see title insurance in Georgia.
- Payoff of the seller's existing loan and any liens.
- The settlement statement showing every dollar in and out.
- Wiring instructions for your closing funds.
- Signing of the deed, note and security deed.
- Recording with the county clerk of superior court.
- Disbursement to the seller, agents and others.
Attorney fees
Closing attorney fees are set by each firm and appear on your loan estimate and closing disclosure. There is no standard statewide fee. Ask your lender for an estimate early; it is one of several items in Georgia closing costs.
The one warning every attorney gives
Criminals impersonate closing attorneys with near-identical email addresses and fake wiring instructions. Before you wire anything, call the attorney's office at a number you found independently and confirm the instructions verbally. Attorneys don't change wiring instructions by email. See how to avoid wire fraud.
When to hire your own attorney
Most buyers close without separate counsel. It is worth paying for your own when the deal is unusual or the stakes of a mistake are high:
- A for-sale-by-owner purchase, or a contract written without a buyer's agent.
- A title problem the commitment lists as an exception you don't understand.
- An estate sale, a short sale, a foreclosure or a property held in a trust or company.
- A dispute with the seller over repairs, possession or earnest money.
- Acreage with easements, shared driveways or unclear boundaries.
- A seller rent-back or any other arrangement past closing.
Working with the attorney's office
Most of your contact will be with a paralegal or closing coordinator rather than the attorney. Answer their requests quickly — ID, insurance details, how you'll take title — and ask early about anything you don't understand on the settlement statement. Ask whether you can see a draft of the statement a day or two before closing so there are no surprises at the table.
How you take title — sole owner, joint tenants with survivorship, tenants in common — has legal consequences. The closing attorney can explain the options, but if the choice matters to your estate plan, ask your own attorney.
How it fits the timeline
The attorney's office typically opens the file as soon as the contract is signed, orders the title search, and works with your lender on the closing package. See what happens at closing in Georgia for the closing-day steps, and the home buying timeline for how long each stage usually takes.
Questions to ask the closing attorney's office
- Whom do you represent in this transaction — the lender, me, or both?
- How will you send wiring instructions, and how should I verify them?
- Can I see a draft settlement statement before closing day?
- What does your fee include, and are there separate charges for title work or courier?
- Has the title search turned up anything I should know about?
- What forms of ID and funds do you accept at closing?
- How should I take title, and what are my options?
A scenario: the lien nobody expected
Two weeks before closing, the title search shows a lien filed against the seller by a contractor who says they were never paid for a deck. The closing attorney's office contacts the seller, who either pays the claim from their proceeds or shows it was satisfied. The lien is released of record and closing goes ahead on schedule.
If the seller disputes it, the attorney may hold back money at closing until it is resolved, or closing may move. This is exactly the kind of problem a Georgia attorney closing is designed to catch before you own the house.
Common questions
Do I need a lawyer to buy a house in Georgia?
A Georgia-licensed attorney must conduct the closing. You aren't required to hire a separate attorney of your own, but you can.
Does the closing attorney represent me?
In most financed purchases, the closing attorney represents the lender. Ask the firm directly whom they represent in your transaction.
Can I choose my own closing attorney?
Often yes, if the contract allows and your lender approves the firm.
How much does a closing attorney cost in Georgia?
Fees vary by firm and are listed on your loan estimate and closing disclosure. Ask your lender or the firm for an estimate.
Read next
General information for Georgia home buyers, not legal, tax or lending advice. Loan programs, rates, limits, tax rates and insurance terms are set by lenders, agencies, counties and insurers and change — confirm current figures with them, and have your closing attorney review anything you sign.