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Homebuyer lesson · Georgia

What to expect at a Georgia attorney closing

Why a Georgia lawyer must run your closing, who that attorney works for, what happens from accepted offer to recorded deed, and how remote closings and Georgia Dream paperwork fit in.

In short: In Georgia, a licensed Georgia attorney has to oversee your closing and the deeds you sign. That rule comes from a 2003 Georgia Supreme Court decision. The closing attorney is often chosen by the lender or the contract, so ask early whom they represent and what fee they charge.

Why there's a lawyer at the table

In some states, a title company or escrow officer runs the closing. Georgia does it differently. In 2003, the Georgia Supreme Court approved an advisory opinion holding that only a licensed Georgia attorney may prepare or facilitate the signing of a deed, and that a non-lawyer who closes a real estate deal for a seller, borrower or lender is practicing law without a license. The Court also said a lawyer can't hand off responsibility for the closing to a non-lawyer.

The deeds covered include warranty deeds and the security deed, the document that gives your lender its claim on the home. That's why your closing day in Georgia happens at a law office, or in front of an attorney by video, and not just at a title company desk.

Who the closing attorney works for

This is the question I'd encourage every first-time buyer to ask. The attorney who closes your loan is often selected by the lender or named in the purchase contract, and the Supreme Court's opinion speaks of closings "for the benefit of a seller, borrower, or lender" without saying one attorney represents everyone. The closing attorney may represent the lender, you, or the transaction in a limited way.

So ask directly: "Whom do you represent, and is there anything I should hire my own lawyer to review?" A clear answer helps you know where to take questions about the contract, the survey or the title. Some buyers are comfortable relying on the closing attorney; others hire separate counsel. Either choice is fine as long as you know which one you've made.

From accepted offer to closing day

Georgia purchases tend to follow a predictable path. Here's what to expect, in order:

  1. Offer accepted, earnest money paid. Your deposit is held under the terms of your contract and credited back to you at closing.
  2. Inspection period. Your contract sets how long you have to inspect and negotiate. Use it fully.
  3. Loan application and appraisal. If you're using Georgia Dream, your participating lender reserves your loan with DCA, which locks the DCA rate for 75 days.
  4. Title search. The attorney's office checks the county records for liens, unpaid taxes and ownership problems, and orders title insurance.
  5. Program review. For Georgia Dream, the lender sends the file to DCA for compliance review and funding approval before closing.
  6. Closing Disclosure. Federal rules require you to receive it at least three business days before you close. Compare it line by line with your Loan Estimate.
  7. Final walk-through. Confirm the home is in the condition your contract requires.
  8. Closing. You sign, funds move, and the attorney records the deed and security deed with the clerk of superior court.

What you'll sign

The stack can feel long, so it helps to know the main pieces before you sit down:

  • The note, your promise to repay the first mortgage.
  • The security deed, which gives the lender its lien on the home.
  • The warranty deed (signed by the seller), which transfers ownership to you.
  • The Closing Disclosure, with the final numbers.
  • Assistance documents. With Georgia Dream, the first mortgage and the 0% second mortgage close together in the name of the Georgia Housing and Finance Authority. Read the repayment terms on the second; our repayment guide explains them.
  • Tax filings, including the PT-61 transfer tax form, which the attorney's office usually files electronically.

Take your time. A good closing attorney expects questions and would rather answer them than have you sign something you don't understand.

Can you close by video?

Sometimes. In 2025, the State Bar of Georgia's Formal Advisory Opinion 23-1 concluded that a lawyer can meet the duties of presence and control by video conference, as long as the lawyer controls the closing from beginning to end and doesn't hand duties to a non-lawyer. The Georgia Supreme Court declined to review that opinion, so it binds the State Bar but the Court treats it only as persuasive. In practice, whether you can close remotely depends on your attorney and your lender. If you're deployed, working night shifts or living out of state, ask early.

Protect your closing money

Closing funds usually move by wire or certified funds, following your attorney's written instructions. Criminals know this and send fake "updated wiring instructions" by email. Before you send a dollar, call the attorney's office at a phone number you found yourself, not one in an email, and confirm the instructions out loud. If anything changes at the last minute, stop and call again.

What to bring on closing day

  • A government photo ID for everyone signing
  • Your funds to close, in the form your attorney asked for
  • Proof of homeowners insurance (your lender usually already has it)
  • Any program paperwork your lender flagged, such as your homebuyer education certificate if it wasn't already submitted

After the keys

Once the deed records, you're the owner of record. Two quick follow-ups: file your homestead exemption with the county, and keep your full closing package somewhere safe. You'll need it if you refinance, sell, or have a question about your second mortgage years from now.

Closing day feels big because it is. It also goes smoothly for most buyers who've asked their questions ahead of time. If you're just getting started, check your eligibility first, and the rest of the steps will follow.

Questions we hear a lot

Does Georgia require an attorney at closing?

Yes. Under a 2003 Georgia Supreme Court decision, only a licensed Georgia attorney may prepare or facilitate the signing of a deed, and a lawyer can't delegate the closing to a non-lawyer.

Does the closing attorney represent me?

Not necessarily. The attorney is often chosen by the lender or named in the contract. Ask at the start whom they represent and whether you should have your own lawyer review anything.

Can I close on a Georgia home by video?

Possibly. A 2025 State Bar of Georgia advisory opinion says a lawyer can meet presence and control duties by video if the lawyer runs the whole closing. Your attorney and lender decide whether they offer it.

How long before closing do I get my final numbers?

Federal rules require that you receive your Closing Disclosure at least three business days before closing. Compare it with your Loan Estimate and ask about any change.

Like to work from paper? Our free Georgia first-home checklist fits the paperwork, the steps, the programs and your lender questions onto one printable sheet. Get the checklist

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