Georgia is a no title state. Can someone please explain?

Question

Being from a title state brings some comfort to my transactions. But when I recently looked at Georgia I found its a no title state. I learned that transactions go through an attorney instead of a title company but am wondering what other red flags or protections I should be looking for when it comes to closing on a property? I also thought I saw mention of being represented at closing? Is this by an attorney? Or agent? Looking to gather some info. Thanks so much.

Tony Gunter · Answer

@Jennifer Roberts

Georgia has titles for property.

Correctly stated, GA closes transactions through attorneys, not through title offices.

John Underwood · Answer

We don't have title companies in SC either.

I would prefer an attorney do my closings. They have more to lose if they mess something up.

Wayne Brooks · Answer

It makes no difference whatsoever, they do all the exact same work.

Peter Walther · Answer

I think it's misleading to say there are no title companies in GA because of confusion over what a "title company" does.  In states which allow a non-attorney to close a real estate related transaction the title company may perform three functions.  Holding and distributing the purchase funds (escrow agent of the buyer, seller and lender), preparing the closing docs including the deed and mortgages if any and seeing to their recording (closing agent of the same) and issuing a title policy on behalf of the title insurer (policy issuing agent of the insurer).  In states which do not allow a non-attorney to prepare docs or close, a title company will simply issue the policy.  I believe North Carolina requires closings be done by an attorney but forbids the attorney from being a title agent and issuing a policy because of an inherent conflict in representing a title insurer as its agent an a buyer as an insured.  Therefore either a third party or the insurer will issue the title policy.Atlanta Closing Attorney, Real Estate Law Firm & Georgia Land Title Insurance Company (georgiatitle.com)

Jennifer Roberts · Answer

Sounds like  very similar situation to mine. Thank you, it does!

Don Griffin · Answer

Jennifer,

I recently relocated to Ga from Santa Clarita Ca. I thought the process was strange until my team and I purchased our first property. During the same time we were offloading our properties on the west coast. Which we had to wait 30 days on two properties and 60 days on the other properties to close due to the back log of title companies in Ca. However, the attorney chosen by the sealer her in GA made the closing quick and seamless. Hope this provides a little more confidence and clarity.

John Teachout · Answer

I've purchased and sold properties with title companies and with attorneys. No significant difference in the process. Some states allow either but Georgia is one of a few states that "requires" properties to be closed by attorneys.

Azeez K. · Answer

Hi @Jennifer

It makes no difference. The attorney will order the title work and as part of closing you get title insurance. The attorneys reprsent the lender unless a cash transaction. Good luck

Georgia is a no title state. Can someone please explain?

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