What is the home closing process?
What is the house closing process?
How does a Georgia real estate closing work?
A closing is also referred to as a settlement or escrow. It is basically the exchange of money (purchase price) for title to the property (deed).
The first step in a closing is agreeing on the terms. This is done in writing and signed by all parties. Property is bought and sold with a purchase and sale agreement or real estate contract. This is usually prepared by a real estate agent or broker. It can also be prepared by a lawyer, buyer or seller.
After the agreement is written and signed — then the attorney, title and closing process starts.
Below is our five step Georgia closing process:
We need a copy of the purchase contract to start your title work. If you need a purchase contract, an attorney can prepare one. Contact us today for a closing cost estimate.
Residential Closing Cost Fee Sheet
What are Georgia Residential Closings Costs and Title Fees?
Our attorneys and title professionals provide full service closings for your residential real estate transactions.
Our fee sheet is below for your review. Some fees like county recording taxes and title premiums are based on the purchase price and loan amount. Contact us to get a quote specific to your closing transaction.
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Title Fees |
|
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450.00 |
|
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Title Examination Fee |
200.00 |
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Doc Prep Fee |
150.00 |
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Post Closing Fee |
85.00 |
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Closing Protection Letter (CPL) for Lender |
45.00 |
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Title Insurance Policy (Lenders Policy) |
$2 per $1,000 of Loan Amount |
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Title Insurance Policy (Owners Policy) |
$1.35 per $1,000 of Purchase Price |
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Government Fees & Taxes |
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Transfer Tax (Deed Tax) |
$0.10 per $100 of Purchase Price |
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Intangible Tax (Mortgage Tax) |
$1.50 per $500 of Loan Amount |
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GRMA Fee (Georgia Residential Mortgage Act) |
10.00 |
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Recording Fee [estimate] (10.00 first page; 2.00 each additional page) |
60.00 |
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Miscellaneous – Other Fees |
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In-Office Closing -optional |
0.00 |
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Power of Attorney -optional |
150.00 |
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Mail-Out Closing -optional |
200.00 |
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Mobile Notary Closing -optional |
250.00 |
Closing Pro Title & Escrow, LLC is operated by attorneys and title professionals.
This is our best estimate only and subject to change.
We appreciate your business!
What To Include In A Real Estate Contract
A real estate contract or purchase and sale agreement is a legally binding, written document to buy and sell property.
This document controls the transaction and the Buyer and Seller should be familiar with certain terms. These terms should be agreed upon before signing any written document. Below are some terms that a closing lawyer will review before closing:
- Parties Names and Contact Information. Parties are important because recourse is against those named in the contract. The Seller must be the current owner of record. The Buyer must be ready, able and willing to buy.
- Subject Property Location or Legal Description. Defining the subject property is important because it binds the Buyer and Seller to the specific property described. This can be changed by an amendment executed by both parties.
- Purchase and Sale Price. The price is important because it binds the Buyer and Seller to the specific price referenced. This can be changed by an amendment executed by both parties.
- Earnest Money. This is the Buyer’s good faith deposit to purchase the property and provide additional time for financing, due diligence and inspections.
- Closing Costs and/or Seller Credit. Standard closing costs are settlement fees, title fees, transfer taxes and recording fees. The contract deals with which party is responsible for each fee. Sometimes the Seller will contribute a specific amount as a credit or concession to the Buyer.
- Due Diligence Period or Inspection Period. This is the time allowed for the Buyer to complete research on the property. Traditionally, if the Buyer cancels during the due diligence period the earnest money is refunded.
- Settlement Agent or Closing Attorney. This is usually the choice of the party responsible for paying the closing costs. This can be changed by an amendment executed by both parties.
- Closing Date. This is the day the Buyer is to complete the purchase and the Seller is to transfer title. This can be changed by an amendment executed by both parties.
- Special Stipulations. This include extras such as a home warranty, termite letter, refrigerator, washer or dryer. Any special item to be included as part of the purchase and sale.
Typically, a real estate agent or broker will help prepare the written contract or agreement. If no agent or broker is involved, an attorney can help prepare the contract. The parties will have to agree on the terms. Then an attorney can draft a written contract for the parties to execute.
Contact us today for a Georgia attorney to review or prepare your real estate contract.
How To Transfer A Deed To A House
Are you looking to add or remove a name from title?
Need a gift transfer, where no money changes hands.
The document (also called legal instrument) used to transfer ownership is a deed. There are two types of deeds used in Georgia, a Warranty Deed and a Quit Claim Deed.
Here are the steps to completing a deed transfer in Georgia:
- Names the Current Owner and New Owner
- Contains a Description of the Property
- Signed by Current Owner
- Two Witnesses: Unofficial Witness & Notary Public
- Complete a PT-61, Transfer Tax Form
- Record Deed in County Real Estate Records
What are the different deed types?
Quit Claim Deed
A Quit Claim Deed is used to transfer property without a warranty. It releases any interest the party may have with no guaranty to title. This is more commonly used between family members or parties familiar with the property. A quit claim deed can also be an acceptable transfer with a title examination and due diligence of the real estate.
Title insurance can be purchased to protect the ownership rights of a quit claim deed.
Warranty Deed
A General Warranty Deed is used to transfer property with a warranty. This general warranty guarantees title and the full history of title. This is not commonly used as most sellers will not guaranty title of previous owners.
A Limited Warranty Deed is used to transfer property with a limited warranty. This limited warranty guarantees title only during the period of ownership. No guarantees as to the previous owners. This is the most common form of title transfer in a traditional purchase and sale closing.
Deed transfers can be complex. It is best to consult an attorney that practices in real estate law.
Contact us today to discuss a deed transfer with a Georgia attorney.
For Sale By Owner Home Closings
A For Sale By Owner (FSBO) transaction skips the tradition real estate agent or broker. It is not required in Georgia to use an agent to sell a home.
If a Buyer and Seller have negotiated a purchase price for the home — it’s time to put it in writing. A Real Estate Contract, also called a Purchase and Sale Agreement, is a written agreement, legally binding and enforceable by law.
When to hire a lawyer or title company for Closing?
An attorney is required in the home (for sale by owner) closing process in Georgia. Attorneys handle title, money and deed transfer. If the parties have signed a Real Estate Contract or Purchase and Sale Agreement, then the next step is to open a title order with a real estate attorney. The attorney will then review the title, conduct the closing and disburse funds.
Need help with a Real Estate Contract or Purchase and Sale Agreement.
If the parties are negotiating or agreed on a purchase price, then a real estate attorney can prepare a Purchase Agreement. An attorney will help with the terms and special stipulations in a Contract. Be prepared to discuss the purchase price, earnest money deposit, seller contribution to closing costs, financing, inspection period (due diligence) and any special stipulations.
Have more questions? Contact our real estate attorneys and title professionals to discuss your For Sale By Owner transaction.