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What to do now to ensure your closing takes place at Georgia Title …

Speak Up! It's Your Closing.
The choice of which closing attorney to use is up to you. Under Federal law (including the Real Estate Settlement Procedures Act and other mortgage laws enforced by the Consumer Federal Protection Bureau (“CFPB”), the seller, real estate agent, or mortgage lender cannot require a buyer to use a particular settlement service provider. To receive the best possible closing experience it is important to exercise your choice of an independent closing attorney.
If you are buying or selling real estate...

In Georgia, it is customary for the buyer of real estate to select the designated closing attorney. However, the seller may negotiate an arm's length choice, particularly when contributing to the buyer's closing costs.

Working with a real estate agent? If you are working with a real estate agent, it is important to communicate that you have a relationship with us to ensure Georgia Title is written into your sales contract.
Best practices–
Call Us Now. It is important to discuss your purchase or sale transaction options before entering into a binding agreement.

The Closing Attorney Must be Written into the Sales Agreement. It is important that your choice of closing attorney be written into the purchase and sale agreement to protect you. If you do not have a purchase and sale agreement, we can provide one, or assist in drafting a custom tailored contract.

If you are refinancing real estate–

Did you know that Federal law empowers the borrower with the right to select the closing attorney?

Best practices when refinancing–

Advise Your Lender. Advise your lender both over the telephone and by electronic mail of your choice of closing attorney.

We Can Walk You Through the Process. Once you have selected a mortgage company, bank, credit union or other lender, please give us a ring. It is important that we can communicate your closing choice to your lender, so that your request is not ignored.

Understand the Terminology. Closing and settlement services vary from State to State. Recognize the term "Title Company," "Closing Attorney," "Escrow Agent," and "Settlement Agent" are all the same in the State of Georgia in the context of a refinance transaction.

Reputable lenders will
always defer to their clients' choice of closing attorney.
Alert! How to Tell Early If Your Choice is Being Ignored—

The lender “requires” a particular closing agent. If your lender does not include title charges within disclosed “finance charges,” under federal law the lender is required to defer to the borrower’s choice of settlement agent. It rarely takes more than a single telephone call from your closing attorney to the lender to fix the situation. Please contact us with the name and telephone number of your lender and we are happy to help clarify our role in the closing process.
Your lender says that your closing attorney is not on the "approved" list. When an "approved" list legitimately exists (often they do not), any reputable lender will make sure your choice of attorney is added to that list. Remember, Federal Law trumps and you may use the closing attorney of your choice. Your lender knows the law and also recognizes that most consumers do not know the law.
Your lender claims it is cheaper to "go with their people." Rarely, if ever, does a borrower actually save money by using the lender's choice settlement providers. In fact, most often, costs are higher when using "preferred" providers. See below.
Your lender wants to use a notary service instead of an attorney (and claims attorneys are expensive). Did you know that notary or witness only closings are illegal in Georgia? Moreover, chances are, the closing will not cost more. In these situations, lenders frequently pocket all or part of the closing fees themselves, either directly or indirectly, while not saving the customer a single penny!

Our Practice Areas
Interested in knowing more about the types of work we handle?

Questions? Speak with a Real Estate Lawyer
Georgia Title & Escrow Co LLC
945 E Paces Ferry Road
Resurgens Plaza
Atlanta, GA 30326
Tel +1(678)448-4148

Open Monday through Friday
By Appointment Only
9am to 5:30pm
Saturday 9am to Noon

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945 E Paces Ferry Road, Resurgens Plaza
Buckhead • Atlanta Georgia 30326

Tel +1(678)448-4148

Open By Appointment Only
Monday through Friday 9am to 5:30pm
Saturday 9am to Noon

Real Estate | Closing Lawyer | Land-Title Insurance

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before deciding to pursue representation, please review our qualifications and experience. The information presented at this site should be construed as general information only and is intended to neither offer formal legal advice nor create an attorney-client relationship.

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