The process and logistics of a real estate closing differ from state to state. In Georgia, closings require that many of the documents be signed in ink and originals delivered to the closing attorney. In the recent past the options for the signing and delivery of documents have changed some, but the central process of delivery of original signed documents to the closing attorney remains the same.
Here are the typical processes for a closing in Georgia:
Complete Closing in Person: This is the process that is most often utilized. All parties attend the closing in person and sign all the necessary loan and title documents.
Hybrid Closing: This process is becoming more popular. In a hybrid closing, the buyer’s lender delivers the documents which are required to be signed in person by the borrower to the closing attorney. The lender sends several documents which do not require an original ink signature directly to the borrower for them to sign electronically. Most of the time those electronic documents are sent to the borrower the day of closing, and they are to be signed electronically prior to the original document singing/closing.
Mailout Closing: This occurs when a party is unable to attend closing, and the original documents are signed remotely. Most often this occurs when that party is out of state or out of the country. In this case the closing documents are delivered to an approved mobile notary service. The mobile notary has that party execute the documents, and then the documents are overnighted to our office prior to the closing date.
Power of Attorney (POA): A POA is used when a person is unable to attend closing, and that person nominates another person to sign on their behalf. This can include situations where a person is out of state, or it can also be used when a party to the closing is physically or mentally unable to attend and sign. Typically, a Specific POA is required, which is a POA that is drafted for and specific to the closing transaction. On occasion a General POA can be used where it is not possible for the party to sign a new and specific POA.
As the saying goes, there is more than one way to shine a penny. So too, there is more than one way to get the documents to us for a closing. At GSH Attorneys, we are always solutions-based. Please reach out to any of our offices if you have questions about the closing process and how we can help with this or any other legal questions you may have.
With six offices in Metro Atlanta and one in Columbus, GA, the law firm of GSH Attorneys (Goggans, Stutzman, Hudson, Wilson & Mize, LLP) provides high-quality, cost-effective representation and well-reasoned solutions exclusively for all types of residential and commercial real estate concerns. The firm’s vast experience and insight assists clients with their legal matters from start to finish. In addition to representing homeowners, developers, lenders, brokers, investors, and build-to-rent companies, GSH Attorneys also offers estate planning services and works with government entities, non-profit organizations, and housing authorities.