Can't attend closing...in GA

15 Replies

Hello All,

I can't attend the closing in Georgia, so I requested a mail-away procedure (which my lender is happy to do).  But the closing attorney states GA is an "attorney state" and that the only thing allowable is a power of attorney when the buyer can't be present.

Any GA folks out there that can shed some light on this?  TIA!

I'm going to call a law firm in Atlanta about this very thing tomorrow. I'd been wondering if I could have a closing attorney hours away & if I could not attend closings.

In 2015, Skype, email and electronic signatures should suffice right?

My point exactly Nikki!

I'm gonna be making some calls tomorrow myself.

You can close and not be present.  I just purchased a property in Georgia and the seller was in Colorado.

BS.

Originally posted by @Wayne Brooks :

BS.

 It appears we have varying opinions.

No, it appears I and the "closing attorney" have varying opinions.  It 's this attorney's apparent "policy".  I'd bet significant money the county recorder  doesn't require a buyer's doc.s be notarized "locally".

To the best of my knowledge, even in attorney states, you can still do mail away closings. I'd contact your attorney first and put up a fight and ask him/her the law where it says you have to be present versus notarized.

@Wes Park You have to sign in the presence of "AN" Attorney, not "THE" attorney. If you can't be present, then you find a nearby attorney to witness your signature. POA will also work.

Mail aways are frowned upon by several closing attorneys in GA.  You'll get a different response from different attorneys but the law is pretty clear about it.

@Wes Park

Complete falsehood!

I purchased a property in Atlanta from Japan and I'm in the process of refinancing said property from the same location.

The refi lender does not allow POA. This Is a policy I did not discover until well into the process. I was told a POA was not allowed for a cash out refinance in GA.

Now, after dealing with the mail away, which is no fun, by the way, I'm hearing from the broker that in the future we will work with a lender who allows POA.

Long story short, I just sent off via FedEx a package 105 pages long after having several of those pages notarized. 

In conclusion: Yes, you can do a mail away and I now believe a POA is also an option. I will be shopping around for a different broker since he chose to tell me the state of GA does not allow POA, only to later tell me that in the future we will use a lender who allows POA.

Best of luck

Thanks everyone for their comments. I will be checking with our lender to see if it's not too late to switch closing attorney. If anyone would suggest specific offices they've had good experiences with, I'd very much appreciate it (not sure if that's allowed here). Of course I will conduct my own search.

Well, after further research and consultation, mail-away closings are perfectly fine in Georgia. I was educated this morning by the president of an organization in Georgia whose professional interest centered on real estate matters. I won't divulge their information without their knowledge and consent.

I'm sharing this newly-found information in hopes that another newbie such as myself might benefit from it. Knowledge is king my friends and this community's cup of it runneth over.

@Wes Park  You should divulge your source.  Otherwise why would I / we believe your advice is better than one of the premier, investor-focused attorneys in Atlanta?  We talked about mail aways in the last couple of weeks.  

For a recent bank financed purchase in GA, I was required to do at a minimum what was called a "witness only closing" where an attorney had to witness my signatures and notarize various documents.  Luckily, an attorney I worked with did this for me at no charge.  Previously, however, on an all cash buy in GA, I was able to do a mail away closing without issue. 

Originally posted by @Rick Baggenstoss :

@Wes Park  You should divulge your source.  Otherwise why would I / we believe your advice is better than one of the premier, investor-focused attorneys in Atlanta?  We talked about mail aways in the last couple of weeks.  

Trust me Rick, I would be THE last person to say my advice is better than anyone on this topic.  I was merely sharing what I was told by someone way more knowledgable (and provides the service herself).  If anyone here or anywhere else can show me that it's AGAINST the law to do mail-aways, I would fully comply.

I choose to keep my sources confidential unless I had their permission – I'm sure you can respect that.

So just to be clear, these stipulations only apply at closing, correct?

Once I make the offer at an appointment and we sign the purchase contracts, those signatures don't need to be notarized or witnessed by an attorney do they?

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