Key Takeaways
- Georgia closings are typically conducted by attorneys who also perform title examination
- The closing disclosure must be provided to the buyer at least 3 business days before closing per federal law
- Georgia uses warranty deeds (general and limited) and quitclaim deeds for property transfers
- Property taxes in Georgia are paid in arrears; proration is calculated at closing
- Recording fees are paid to the county clerk of superior court to record deeds
Last updated: January 2026
Georgia Closing Procedures
Georgia has specific requirements for real estate closings that differ from some other states.
Who Conducts Closings
In Georgia, closings are typically conducted by attorneys:
| Role | Responsibility |
|---|---|
| Closing Attorney | Conducts title examination, prepares closing documents |
| Title Company | May provide title insurance (works with attorney) |
| Real Estate Agent | Coordinates, but does not conduct closing |
| Lender | Provides loan documents and funds |
Attorney Involvement
Georgia is an "attorney state" for closings:
- Title examination is typically performed by attorneys
- Closing documents are prepared by the closing attorney
- The attorney conducts the closing and disburses funds
Pre-Closing Requirements
Closing Disclosure (Federal TRID Rules)
| Document | Timing |
|---|---|
| Loan Estimate | Within 3 business days of application |
| Closing Disclosure | At least 3 business days before closing |
| Changes requiring new 3-day wait | APR increase, loan product change, prepayment penalty added |
Title Examination
The closing attorney typically:
- Searches public records for title defects
- Examines chain of title
- Identifies liens, encumbrances, easements
- Issues title opinion or works with title company
Types of Deeds in Georgia
General Warranty Deed
Provides the greatest protection to the buyer:
- Warrants title against all defects
- Guarantees right to convey
- Covenants of quiet enjoyment
- Most common in residential sales
Limited Warranty Deed (Special Warranty)
Provides limited protection:
- Warrants only against defects during seller's ownership
- Does not cover prior owners' actions
- Common in foreclosure sales and REO properties
Quitclaim Deed
Provides no warranty:
- Transfers only the interest the grantor has (if any)
- No promises about title quality
- Used between family members, to clear title issues
- Not typical for regular sales
Prorations at Closing
Georgia uses specific proration methods:
Property Taxes (Paid in Arrears)
Georgia property taxes are paid in arrears (after the tax year):
| Item | Proration Method |
|---|---|
| Calculation | Annual tax ÷ 365 days × days |
| Seller Responsibility | January 1 through day before closing |
| Buyer Responsibility | Closing day through December 31 |
| Direction | Seller credits buyer at closing |
Other Common Prorations
| Item | Direction |
|---|---|
| HOA dues (paid in advance) | Seller credited by buyer |
| Rent (if applicable) | Buyer credited by seller |
| Interest | Calculated based on loan terms |
Recording Requirements
Where to Record
Deeds are recorded with the Clerk of Superior Court in the county where the property is located.
Recording Fees
| Document | Fee Structure |
|---|---|
| Deed | Per page plus intangible tax |
| Mortgage/Security Deed | Per page plus intangible tax |
| Intangible Tax | State tax on loan amount |
Transfer Tax
Georgia has a real estate transfer tax:
- Rate: $1.00 per $1,000 of purchase price (or $0.10 per $100)
- Paid at recording
- Typically paid by seller (negotiable)
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