|
Georgia
is an attorney state
All
real estate conveyances are considered to 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.
|
