At a Georgia closing table, many buyers meet a lawyer, sign a stack of papers in front of that person, and leave assuming the lawyer worked for them. If you financed the purchase, that probably wasn't true. This guide covers two questions: why Georgia requires an attorney to close a home sale, and whose interests that attorney protects. It also explains a line item buyers often ask about, Georgia closing attorney fees, and where those fees appear on your paperwork.
Why does Georgia require an attorney at closing?
Short answer: the Supreme Court of Georgia requires it. In 2003 the Court held that only a licensed Georgia attorney may prepare a deed or facilitate its execution, because the public has little protection if a non-lawyer closes a deal badly.
The decision is In re UPL Advisory Opinion 2003-2 (Docket S03U1451, decided November 10, 2003). In it, the Court approved a State Bar opinion on the unauthorized practice of law and held that "only a licensed Georgia attorney may prepare or facilitate the execution of a deed." The Court's reasoning focused on consumers: "the public interest is best protected when a licensed Georgia attorney" oversees the transaction, and "the public has little or no recourse if a non-lawyer fails to close the transaction properly."
Georgia's requirement comes from these court-approved opinions, not from a single closing statute. There is also an exception. A footnote in the 2003 opinion says that "non-lawyers may conduct pro se those transactions set out in OCGA § 15-19-50 and to which they are a party." Put simply, someone handling their own transaction can do so without a lawyer. In practice, almost every Georgia buyer using a mortgage goes through an attorney closing.
What is a "witness-only" closing, and why is it banned in Georgia?
Short answer: it's a closing where the attorney only watches you sign and notarizes the documents. Georgia banned these in 2014. The attorney has to actually run the closing.
Formal Advisory Opinion 13-1, approved by order of the Supreme Court of Georgia on September 22, 2014 (Docket S14U0705), concludes: "A Lawyer may not ethically conduct a 'witness only' closing." The opinion describes lender signing instructions that told the attorney "NOT to review the documents or give legal advice to any of the parties to the transaction." That is the arrangement it rejected.
The opinion has three practical effects for buyers:
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The attorney is responsible for the documents. Lenders usually prepare their own loan paperwork. Under FAO 13-1, a closing lawyer "may use documents prepared by others after ensuring their accuracy, making necessary revisions, and adopting the work." Savannah attorney Rob Brannen of Bouhan Falligant summarized the ruling this way: once the attorney adopts lender documents, "the attorney then becomes responsible as if he/she had drafted those documents," and witnessing and notarizing alone does not satisfy Georgia law.
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The money goes through a trust account. Closing funds the lawyer receives must be deposited into and disbursed from "his/her trust account or the trust account of another Lawyer."
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Someone accountable is in charge. A licensed Georgia lawyer, who answers to the State Bar, is responsible for the deed, the loan documents, and the money.
Can a Georgia closing attorney attend by video?
Short answer: yes, with conditions. A 2025 State Bar opinion says the attorney can meet the "presence" requirement by video conference, as long as the attorney stays in control of the closing from start to finish.
Formal Advisory Opinion 23-1 was issued by the State Bar's Formal Advisory Opinion Board on January 23, 2025. It says a lawyer can meet closing obligations "by the use of video conference" "so long as the lawyer is in control of the closing process from beginning to end." It also sets limits. Video attendance "must not be used to advance or encourage the unauthorized practice of law" by handing the lawyer's duties to a non-lawyer, and "The lawyer shall maintain full professional and direct responsibility for the entire transaction."
According to the ezel.ai reproduction, the Supreme Court denied the Bar's petition for discretionary review on July 1, 2025. Because this is a Board opinion, it binds the State Bar and the person who requested it, and the Court treats it only as persuasive authority. The opinion covers the attorney's role. It does not answer every question about how documents get signed or notarized remotely, so if your closing will be by video or mail-away, ask the attorney's office exactly how signing will be handled.
Does the closing attorney represent the buyer in Georgia?
Short answer: usually not in a financed purchase. In a loan transaction, the closing attorney generally represents the lender. If you want a lawyer whose only client is you, you have to hire one.
Gary D. Beelen of the Georgia firm Drew Eckl & Farnham explained this in a 2009 article, "Odds Are, It's Not 'Your' Closing Attorney." He wrote that in a loan transaction "the closing attorney generally represents the 'lender.'" Georgia closing firms say the same. Blasingame, Burch, Garrard & Ashley says that in a standard residential loan closing "we represent the lender," while being "available to provide competent representation to any party in a transaction."
Beelen's article also covers other kinds of deals:
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Cash purchases: the attorney "will generally represent the party who contacted them to initiate the conveyance process." That is often the seller, even when the buyer pays the fee.
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REO (bank-owned) and relocation sales: "the closing attorney often represents the seller and the lender."
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Non-client buyers: the attorney still owes you a "duty of reasonable care" as a third-party beneficiary. But Beelen concludes that "the only way to ensure adequate representation, however, is to retain independent counsel."
The article is from 2009, but its main point still holds for buyers: the attorney requirement protects the transaction. It does not give you a personal lawyer.
What do Georgia closing attorney fees cover?
Short answer: the fee for conducting the closing is usually grouped with title service fees. On your Loan Estimate and Closing Disclosure, it appears in Section B or Section C on page 2.
The CFPB explains that "In most states, the fee for conducting your closing is also a part of the title service fees." Title service fees also include the title search and "the premium for the lender's title insurance policy," and "Lender's title insurance is usually required to get a mortgage loan."
Which section the fees land in depends on whether you shopped for the provider:
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Section B: services you did not shop for, such as when you used the provider the lender arranged.
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Section C: services you did shop for. The CFPB says: "You can shop for all of the services listed in section C of page 2 of your Loan Estimate," and "The lender must provide you with a written list of closing service providers when they give you the Loan Estimate." You may be able to use a provider that isn't on the list if the lender agrees to work with them.
The CFPB's Closing Disclosure guide notes that the person running your closing "may be known as a settlement agent, escrow agent, or closing attorney," depending on where you live. In Georgia it's the closing attorney. Your lender must provide the Closing Disclosure three business days before your scheduled closing. Use that time to compare Sections B and C against your Loan Estimate line by line.
We don't list a typical dollar range for attorney fees because we couldn't find a reliable Georgia source for one. Compare the figures on your own Loan Estimate, and ask for quotes if you shop for providers.
What Georgia taxes show up near the attorney's fees?
Two state taxes are handled at closing and often confuse buyers because they look like attorney charges. They aren't. They are set by the state.
Intangible recording tax on the mortgage note
The Georgia Department of Revenue sets the rate at "$1.50 for each $500.00 or fractional part of the face amount of the note," and "The maximum amount of recording tax on any single note is $25,000." The Clerk of Superior Court collects it. In some counties with 50,000 or fewer residents, the tax collector or tax commissioner collects it instead.
Example: a $300,000 loan is 600 units of $500, so the tax is 600 × $1.50 = $900.
Real estate transfer tax on the deed
The Department of Revenue sets this tax at "$1 for the first $1,000 or fractional part of $1,000" plus "10 cents for each additional $100 or fractional part of $100," based on the sale price. The seller owes it by default, although the parties often agree in the contract that the buyer will pay.
Example: on a $350,000 sale, the tax is $1 + (3,490 × $0.10) = $350. Check your purchase contract to see who pays it.
Questions to ask the closing attorney before closing day
Call or email the closing attorney's office once you're under contract. You don't have to wait for the closing appointment. Ask:
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Whom do you represent in my transaction: the lender, the seller, or me?
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If you don't represent me, what will you explain at the table, and what won't you?
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Is your closing fee listed as a title service in Section B or Section C, and has it changed from my Loan Estimate?
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Does the closing include an owner's title policy, or only the lender's policy?
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Who chose your firm, and could I have picked a different provider?
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Will the closing be in person, by video, or mail-away, and who will be present?
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How will money move through your trust account, and how will you confirm wiring instructions with me directly?
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Under my contract, who pays the transfer tax?
When should a Georgia buyer hire their own real estate attorney?
Short answer: hire your own attorney whenever you want someone who represents only you. It matters most in situations where the closing attorney is clearly working for the other side.
Consider independent counsel if:
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The title search turns up a problem, such as an unresolved lien or a boundary question.
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You're paying cash and the seller's attorney is handling the closing.
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You're buying an REO or relocation property, where the closing attorney may represent both the seller and the lender.
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Your contract has unusual terms you don't fully understand.
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You want advice that serves your interests and nobody else's.
Set up that review early. Your Closing Disclosure has to arrive three business days before closing, and that's a short window to find a lawyer, send documents over, and get answers.
The bottom line
Georgia's attorney-closing rule exists because the state's highest court decided that a licensed, accountable lawyer should handle the deed and the money. That protects the transaction. In a typical financed purchase, though, the attorney's client is the lender. Read your Loan Estimate, find the closing fee in Section B or C, ask the attorney's office whom it represents, and hire your own counsel if you want an advocate.
Related reading
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The Case Against a VA Streamline Refinance in Georgia This Fall
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Why Georgia Refinancers Shouldn't Wait on the Title Insurance Waiver
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How the Georgia Intangible Recording Tax Works on a Mortgage
Sources
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In re: UPL Advisory Opinion 2003-2 (Supreme Court of Georgia, Nov. 10, 2003), FindLaw
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Odds Are, It's Not "Your" Closing Attorney, Drew Eckl & Farnham (Gary D. Beelen, Nov. 2, 2009)
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Residential and Commercial Closings, Blasingame, Burch, Garrard & Ashley
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What required mortgage closing services can I shop for? CFPB
This article contains AI-assisted content and has been reviewed in our publication workflow. It is general information, not legal advice.
