Real Estate Closings
At Brown Rountree PC, we want to ensure that the real estate closing process is as smooth as possible. We have compiled a list of important information and things to keep in mind during the closing process. Please review the information on this page and contact us with any questions.
Georgia law now requires closing funds to be “collected” funds.
- Amounts Greater than $5,000: Under Georgia law, funds in excess of $5,000 must be delivered to the closing attorney in the form of a wire in advance of closing. Please contact us at the number above to receive wiring instructions.
- Amounts up to $5,000: Certified or cashiers checks issued by a local bank are accepted when paid to the order of the Brown Rountree PC Trust Account
How Much to Send/Bring?
–If you are a buyer in a cash sale with no lender, please let us know so that we can provide you with an accurate closing figure of the amount you will need to wire or bring well in advance of the closing.
-If you are a buyer and using a lender, you may either contact us to provide you with an accurate closing figure, or contact your lender to obtain a closing estimate.
-If you are a seller and need to bring funds to closing, it is best to contact us to provide the exact amount you will need to wire or bring to closing in the form of a cashier’s or certified check.
BEWARE OF FAKE WIRE INSTRUCTIONS: Email hacking and fraud are on the rise to misdirect funds for closings. Please call our office to confirm our instructions prior to sending any wire. Do not rely solely on wire instructions you receive by email, even if it appears to come from our office. Always confirm our wire instructions by calling our office using a phone number you find from an independent source, such as the internet.
When to Send Your Wire?
We recommend sending your wire so that it is received by our firm at least 24 to 48 hours before the scheduled closing. This may involve requesting a wire with your sending financial institution up to five business days in advance.
ACH vs. WIRE:
Please recognize that a wire transfer is not a bill pay or ACH transfer. ACH transfers are not trackable and take several days to clear. Wire transfers are trackable and are generally sent on a same day basis. However, we recommend that all wires be ordered to be received at least 24 to 48 hours prior to the scheduled closing.
Contact Us to Verify Receipt of Your Wire:
Once your wire has been initiated and enough time has elapsed for us to receive your wire (your sending bank should give a delivery time estimate), please contact us to verify your wire has been received.
Information for Buyers:
Who Must Attend Closing?
Anyone whose name appears on the loan documents or the title to the property must attend closing or be represented by a power of attorney approved by us and your lender. If a spouse or other person is to be on the deed (even if they are not on the loan) they must attend closing or make an arrangement with us prior to closing.
What to Bring to Closing?
- Closing funds if not required to be wired in prior to closing
- Photo identification
- Any documents necessary to satisfy underwriting requirements (e.g. gift letter)
What is Owners Title Insurance?
An owner’s insurance policy is an inexpensive policy that protects you against defects in the title to your property. The policy covers the equity that you have in your property, for as long as you own it. Title insurance is different than other insurances in that you only pay the premium one time, not yearly.
Information for Sellers:
Corporation or LLC as Seller:
If the seller is a corporation, we will need a current corporate resolution that includes who will be signing at the closing and their official title, and you will need to bring the corporate seal to the closing. If the seller is an LLC or a Limited Liability Company, we will need a copy of the fully signed operating agreement and any amendments.
Who Must Attend Closing?
All persons on the title must attend closing or make arrangements with us prior to closing. If a husband and wife are both owners of the property, both must attend closing or make other arrangements with us. If any owner/seller of the property is using an existing power of attorney and will not be attending the closing, we must receive a copy of the power of attorney at least three business days prior to closing. Further, if this power of attorney is acceptable to be used, the original power of attorney must be brought to closing.
If there is a divorce, bankruptcy, death, impending foreclosure or other title problems which may affect your closing, please notify us immediately.
Seller Who Lives Outside Georgia:
If one of the Sellers lives outside Georgia, please contact us and let us know if this fact. A portion of the proceeds may need to be withheld for state tax purposes.