If you have bought property in another state, Georgia will feel familiar in outline and different in one important way: Georgia is an attorney-closing state. A licensed Georgia attorney must conduct the closing — examining title, preparing or reviewing the legal documents, overseeing the signing, and handling the money. Here is how the process runs from signed contract to recorded deed.
The cast
- Closing attorney — conducts the closing, performs the title examination, and disburses funds. In a financed purchase, the closing attorney typically represents the lender, so buyers who want their own legal advice can retain their own attorney.
- Lender — underwrites the loan, orders the appraisal, and issues the Closing Disclosure.
- Title insurer — issues the title insurance commitments and policies based on the attorney's title examination.
- Agents and brokers — coordinate contract deadlines, inspections, and communication between the parties.
- Buyer and seller — complete inspections and lender conditions, deliver documents, and sign at closing.
The timeline, step by step
Binding agreement. When the last party signs the GAR Purchase and Sale Agreement and notice is given, the contract reaches its binding agreement date — the anchor from which several deadlines are counted. Earnest money is deposited with the holder named in the contract.
Title examination. The closing attorney searches the county land records for the property's chain of title, liens, judgments, easements, and restrictions, and issues a title commitment listing what must be cleared before closing. Questions about boundary lines may call for a survey.
Due diligence and loan processing. In parallel, the buyer inspects the property during the due diligence period (see the buying guide), and the lender verifies income, assets, and the appraisal. Georgia buyers commonly obtain a wood infestation report from a licensed pest control company; many lenders require one.
Closing Disclosure. For financed purchases, federal law requires the lender to provide the Closing Disclosure at least three business days before closing. It itemizes the loan terms, cash to close, and every cost. Review it against your Loan Estimate and ask questions early — certain changes can restart the waiting period.
Closing day. The parties sign at the closing attorney's office. The buyer signs the promissory note and a security deed — Georgia uses security deeds rather than mortgages; the security deed conveys title to the lender as security until the loan is repaid. The seller signs a warranty deed (the deed type specified in the contract) conveying the property to the buyer, along with tax and closing affidavits. Funds are collected — typically by wire or cashier's check per the attorney's instructions — and disbursed to pay off the seller's loan, taxes, commissions, and other charges.
Recording. After closing, the deed and security deed are recorded in the Superior Court Clerk's land records of the county where the property sits. Recording is what puts the transfer on public record; you will receive copies of your recorded documents.
Title insurance, briefly
A lender's policy (required by most lenders) protects the lender's interest. An owner's policy protects you against covered title problems that surface later — recording errors, undisclosed liens, forgery in the chain of title, and similar risks. It is a one-time premium paid at closing. Ask the closing attorney to explain both before closing day.
Costs at the closing table
Who pays what is set by the contract and local custom, and most items are negotiable. Buyers commonly pay loan-related charges, the Georgia intangibles tax on a new loan (generally $1.50 per $500 of the loan amount), recording fees, and their share of tax and insurance prorations and escrows. Sellers customarily pay the Georgia transfer tax (generally $1.00 per $1,000 of sales price) and the brokerage compensation agreed in the listing agreement. Both sides see the full accounting on the settlement statement — nothing should be a surprise if you reviewed the Closing Disclosure.
One safety rule: verify wiring instructions
Closing funds are a top target for wire fraud. Criminals compromise email accounts and send fake "updated" wiring instructions. Protect yourself: get the closing attorney's wiring instructions through a channel you trust, call the office at a number you obtained independently to confirm them before sending money, and be suspicious of any last-minute change. A two-minute phone call is the cheapest insurance in the entire transaction.
Questions about an upcoming closing? Ask Satish — and if you are still house-hunting, the city pages show live listings and current stats for each community served.