Real Estate Law in Georgia: Attorney Closings, Deeds and Foreclosure
Georgia is an attorney-closing state. The Georgia Supreme Court has held that only a licensed Georgia attorney may close a real estate transaction or prepare and facilitate execution of the deeds, so a title company or signing agent cannot close a Georgia purchase on its own.
Aaron Bedy, Of Counsel, is admitted to practice in Georgia and in Florida, and real estate law is one of his listed practice areas. We have no Georgia office; Georgia clients are served through Mr. Bedy.
How Georgia real estate transactions and foreclosures work
In In re UPL Advisory Opinion 2003-2, 277 Ga. 472 (2003), the Court held that anyone other than a licensed Georgia attorney commits the unauthorized practice of law by closing a real estate transaction or preparing or facilitating execution of a deed of conveyance, including a security deed, for a seller, borrower or lender. It rejected witness-only closings. A Georgia deed must be an original, signed by the maker, attested by an officer such as a notary, and attested by one other witness (O.C.G.A. 44-5-30). It is recorded with the clerk of the superior court of the county where the land lies, and an unrecorded deed loses priority to a later recorded deed from the same seller if that buyer took without notice (44-2-1). The transfer tax is $1.00 for the first $1,000 and 10 cents for each additional $100 of consideration (48-6-1).
A lender holding a security deed with a power of sale can foreclose without legal process. The sale must be advertised and conducted in the usual manner of sheriff's sales (44-14-162), which are held at the courthouse on the first Tuesday of the month between 10:00 a.m. and 4:00 p.m. (9-13-161). The lender must send the borrower written notice by registered or certified mail or statutory overnight delivery at least 30 days before the sale, naming the individual or entity with full authority to negotiate, amend and modify the loan terms (44-14-162.2). A lender that wants a deficiency must report the sale to the superior court within 30 days for confirmation, and the court will not confirm unless the property brought its true market value (44-14-161).
At payoff, the holder has 60 days to give the clerk a satisfaction or cancellation, or owes $500 in liquidated damages after a written demand (44-14-3). For residential leases entered into or renewed on or after July 1, 2024, the Safe at Home Act caps the security deposit at 2 months' rent and requires a notice to pay or vacate within 3 business days before a landlord files a dispossessory affidavit for unpaid rent (44-7-30.1, 44-7-50).
Purchase and Sale Closings
Contract review, title examination, and a closing conducted by a Georgia-admitted attorney.
Deeds, Title and Recording
Deed preparation to the attestation rule in 44-5-30, and recording with the county clerk.
Security Deeds and Foreclosure Notices
Review of loan documents, cancellation after payoff under 44-14-3, and foreclosure notice review under 44-14-162.2.
Do I need a lawyer to close on a house in Georgia?
Yes. Under In re UPL Advisory Opinion 2003-2, only a licensed Georgia attorney may close a real estate transaction or facilitate execution of the deed.
How does foreclosure work in Georgia?
Most proceed by power of sale without a lawsuit: at least 30 days' written notice to the borrower, then an advertised sale in the sheriff's-sale manner (44-14-162, 44-14-162.2). A deficiency requires superior court confirmation within 30 days (44-14-161).
How many witnesses does a Georgia deed need?
Two attestations: one by an officer such as a notary, and one by another witness (44-5-30).
How much is the Georgia real estate transfer tax?
$1.00 for the first $1,000 of consideration and 10 cents for each additional $100, excluding existing liens that remain after the sale (48-6-1). That works out to $1.00 per $1,000.
Facing a real estate question in Georgia?
The first consultation is confidential, and we respond within one business day. Tell us about the property and where the transaction stands, and we will tell you what Georgia requires next.