Georgia is an attorney state.
All real estate conveyances are considered the "the practice of law." The State Bar of Georgia prohibits the unauthorized practice of law by non-lawyers. Therefore, an attorney must close all real estate transactions that involve a conveyance of land. The conveyance of property includes the transfer of title between a seller and buyer and the execution of a security deed to secure a lender's interest in the property.
The closing attorney performs many duties in connection with the loan transaction. There is an examination of the deed records, the general execution docket, the lis pendens docket, the federal tax lien docket and the tax records. The closing attorney provides the preliminary legal opinion as to the status of the title to the property. He or she prepares documents to satisfy title defects and all documents required to close the loan. The actual closing is performed by the closing attorney who disburses and distributes all sale and loan proceeds to the proper parties including holders of liens on title to the property. The attorney submits all of the appropriate documents for recording in the public records.