Frequently Asked Questions

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The short answer is "LOTS!"  It's usually a lot more than you'd expect for a cash closing and a little less if you were getting a commercial loan. 

1. First of course is the Limited Warranty Deed - this lays out what existing loans or issues are being taken subject to. 

2. Lots of disclaimers, disclosures and hold harmless documents. 

3. Authorizations 

4. Power of Attorney

5. Loan servicing disclosures - how the new owner may access the account online. 

6. Post Closing Default agreement

We also can prepare loan docs for Seller financing/Carryback and Wrap Financing. 

If you are using a TC and getting documents from them - chances are that we already are preparing documents that they have.   If you want something else or more signed - just ask us. 

Can we give you a copy of what we prepare?  Sure - once you close - we give you a copy of all the documents you'll need. 

This one we moved to the top! :) 

a. There are always going to be attorneys who charge less than us. When you find someone cheaper – there will always be another attorney who charges less than that one.  If you are focused on price and not service – even if you recognize we charge less than everyone else - we may not be a good fit for you.    

b. Let us start out with some history – in the PAST, industry standard closing costs were usually 1% of the sales price.  And even today, it is not out of the ordinary to see attorney fees for a commercial transaction to be $10,000 – plus – depending on the work/service agreed to do.  

c. HOWEVER – our closing fees are exceptionally and competitively priced.  i.COMMERCIAL Closings are usually negotiated with an hourly rate and range of work to be performed.  We are happy to discuss in more detail.  ii. RESIDENTIAL Closings – our base fees as of 2024 are $775 Attorney fees; $250 title exam for metro Atlanta counties with the expectation that the Buyer purchases title insurance*.  1. Those fees may change depending on what out of the ordinary we have to do for the closing.  They are charged to the Buyer. There are minimal fees charged on the Seller side – if any – depending on what we need to close.   2. Title insurance fees increase the closing costs as the rates are based on the sales price – the higher the sales price – the more the premium.   

d. As an INVESTOR … you should anticipate having to spend $1000 to $2000 per closing for costs.  

* The fees quoted contemplate that we will be issuing a title insurance policy (or policies). If you elect not to purchase an owner’s title insurance policy, we reserve the right to increase the fees charged on the transaction to adequately reflect the attorney and paralegal’s time spent, or … to decline to close the transaction altogether.  Again ... we're not here to tell you what you can and cannot afford ... but there is absolutely the possibility that we as a service provider may not be a good fit for you.    

a. We primarily handle Real Estate transactions – closings.  We also get involved in Probate, Business Law and just about everything attached to real estate transactions.  

b. We can do your Will and set up an LLC for you … but generally will farm out true Probate work to an affiliated attorney.   

c. We cover the entire state of Georgia – all 159 Counties!!  

d. Overall – we do not do any litigation.  

a. We primarily handle Real Estate transactions – closings.  We also get involved in Probate, Business Law and just about everything attached to real estate transactions.  

b. We can do your Will and set up an LLC for you … but generally will farm out true Probate work to an affiliated attorney.   

c. We cover the entire state of Georgia – all 159 Counties!!  

d. Overall – we do not do any litigation.  

a. Georgia is an attorney state.  You will need an Attorney involved at some level.  Don't be the one who needs an attorney to clean up what someone else messed up by not using an attorney.

b. There are some non-attorney run title companies in Georgia that hire attorneys as figureheads to only sign off on the paperwork.  The problems with that are obvious.   

a. Commercial and Residential 

     i. Standard Purchase Closings

     ii. Short-Sales 

     iii. Refinances 

     iv. “Investor Friendly” including… 

          1. Double Closings 

          2. Assignments 

          3. Subject-to 

b. If there is something not listed above – please ask – we probably do it.   

1.  If you are asking us to just run title – we need to identify the property and receive payment. A metro Atlanta residential property title exam is about $250 and may take 5 business days to complete. It could take longer depending on what we find or do not find in the records. Commercial title exams are more expensive and take longer to complete. 
2. If you are asking us to handle a closing – running title is what we do at the beginning of the complete process. 

• How fast do you need it?
• Typically title comes back in 5 business days and it may take a few days to clear title; it could take longer to clear title.  A lot depends on what we find in the title exam. If there are deceased owners – you may need an order from the Probate Court – that could take several months. Multiple liens or old open mortgages could take a while to track down a cancellation.
• Ideally I tell people to have a 10 day window to close as a MINIMUM.  
• If you are asking us to stop a foreclosure …  Our POLICY is that we must close and fund the transaction AT THE LATEST on the FRIDAY before the Tuesday sale.  This means that we must have the file and commitment from you to work on the closing as early as possible.  “EARLY” means prior to Wednesday – but depends on what we agree to.  
• Don’t expect us to be able to resolve it when given the problem on such short notice.  

We cannot anticipate the unknown … but here are a few …  

• Fraud or something illegal. If we are asked to do anything Illegal, fraudulent, unethical or immoral. 1. i.e., Purchasing a property from an elderly owner at a price that is substantially under the fair market value is potentially in violation of several Federal Laws. 
• Fraudulent or questionably valid documents. If there are documents given to us or that we find on record that are questionably valid or fraudulent – it is within our discretion whether or not to proceed.  i.e., a falsified affidavit of descent stating that the deceased parents had fewer than the actual number of children.
• Questionable competency of an owner:  Could be by limited intelligence, dementia or even age.  Something to note: Parents cannot automatically sign on behalf of their minor children.   
• Uncooperative Owners : We cannot force a Seller to come to closing or sign papers. This comes up way too often.  We don’t choose who you decide to sign a contract with. We also can’t make the person sell their property.  If they won’t cooperate and you have a valid legally binding contract – you can sue them in court for damages OR specific performance.  
• Missing Owners: If there is an owner of a property that you can’t find – you cannot take clear title without them. 
• Bankruptcy: No sale from an owner in Bankruptcy can occur without an Order from the Court. 
• Divorce: It is standard when every divorce is filed for the Court to issue a Standing Order that prohibits the transfer of Real Estate.  Sellers will need an order from the Judge allowing for the sale of any real estate.
• Pending Criminal Charges:  If the person who owns the real estate is being named by the government in a “Criminal Enterprise” – we will not handle the transaction.   
• Recent Death of an Owner.
• Ambiguous Legal Description: If the property cannot be adequately described or defined– a survey may be required.  

• I personally would never assign a contract to someone I didn’t trust 150%.
• With an Assignment you give up control.  Typically you give all of your interest to another party. If you want to extend the closing date or negotiate a lower sales price – YOU CAN’T; the Assignee has that right now.  If the Assignee defaults – you can’t automatically go and find a different Buyer.  Assignments are good if you have full trust in the Assignee or your potential profit is super low. 
• Double closings allow you to retain control. You have a set interest in the purchase – and the sale.  This type also offers the greatest amount of privacy.  

1. Primarily we should be written into the Purchase contract as the specified closing attorney.  If we are not – that needs to be amended before we will open a file.   
2. All documents need to be sent to closings@gurveylaw.com.  
3. For a PURCHASE we need …  a) all the associated paperwork, b) FULLY signed contracts, assignments, addendums, exhibits, c) Commission agreements, Pay at Close Instructions d) All Probate documents (if any) e). All corporate/company documents – Operating Agreements or By-Laws, f) Contact information (email and phone numbers) of everyone involved.  
4. For a REFINANCE we need …  the title order from the lender. 
5. PLEASE – DO NOT SEND US A CONTRACT FOR THE FIRST TIME THAT WAS SIGNED A MONTH EARLIER AND EXPECT US TO AUTOMATICALLY MEET YOUR DEADLINES. CONTRACTS SHOULD BE SENT TO US WITHIN 48 HOURS OF BEING FULLY SIGNED.  

1. ***This is one of those vetting questions*** and is referred to as “PASS THROUGH FUNDING” 
2. If the end buyer allows you to use their money in your acquisition of the property – then the answer is NO, YOU DON’T.  By “allow” – I mean that there needs to be a WRITTEN AGREEMENT between the parties.  
3. Most lenders do NOT allow their money to be used this way.  Some buyers use this as a negotiating tactic. 
4. MOST Closing attorneys do not allow this.   

1. If you are getting paid a set fee at closing – that fee MUST show up somewhere.
2. That is different than if you are getting a set fee as part of a Joint Venture agreement.  In this case, your fee is likely a distribution from your JV partner – and one of the fees will show up on the closing statement.
3. Typically an Assignment Fee is on the BUYERS side.  

1. For conventional loans we use a Closing Disclosure (CD) form. 
2. For investor closings we typically use the old HUD form. 
3. On REQUEST we can generate a “blind HUD”. 
4. We do have the ability to create and use traditional closing ledgers.  

1. Georgia law requires the interest in a property to vest in the name of the TRUSTEE – not the Trust.  Therefore Jim Jones must take title as “JIM JONES, TRUSTEE OF THE 123 MAIN STREET TRUST.”  The deed cannot read as the owner “123 MAINSTREET TRUST.” 
2. We can do a lot of things – but the real question is, “Why do you want it like that? This is for a longer discussion – but we recommend Trusts for Estate Planning – not Asset Protection.  An LLC is much more appropriate to hold Real Estate in.  
3. We can set up a Trust or an LLC for an additional charge.  

You can ONLY get paid a COMMISSION on a real estate transaction if you are a Georgia licensed real estate agent or broker.  If you are hearing something different – that person doesn’t know what they are talking about OR they are using different terms.  The COMMISSION is paid to the Brokerage unless we receive WRITTEN instructions (ie., a Pay at Close form) to do otherwise. 

Earnest Money does NOT automatically transfer in a Double Closing. This means your end buyer must expressly give specific permission for someone else to use their Earnest Money for your purchase.  If we do not have that in writing, we cannot legally tell anyone that you provided Earnest Money.  

 It's all semantics.  Land Sale Contracts are the EXACT same thing as "Contract for Deed", "Installment Contract" and "Lease Purchase".  In Georgia we call these Lease-Purchase agreements.  All of these are where the SELLER maintains the title to the property while the BUYER occupies it (with no immediate ownership interest).  Payments are made according to the terms of the agreement  and then, only then, when  until the terms of the agreement are met, does title transfer. Terms are usually payment of X.  Whether you call the payments rent or an installment are irrelevant.  If the terms are met - a closing happens.  If the terms are not met - usually the Buyer is evicted.  

Do we do these?  It's not a closing - BUT, YES, we do a minor transaction that includes a title exam and recording of a notice that we put on record memorializing the Agreement.  

Yes; we have no problem with a "pure" Seller financing closing.  BUT there are always closing costs that someone needs to bring money to closing for.   (That someone is usually the Buyer.)  Please don't think you can do 100% owner financing and not have to pay for closing costs. 

HOWEVER, if there is a LENDER involved, as a NEW Lender- that Lender MUST approve in writing for any secondary financing.  You CANNOT keep your seller financing secret from your lender and expect to bring $0.00 to closing. With a new Lender  - we represent them at closing.  We know from experience that 83% of Lenders do not allow subordinate financing.    If you ask us to keep something secret or it is clear that you are trying to do that - we are NOT the law firm for you.  If there is ANYONE involved you are trying to keep knowledge of the Seller Financing from ... yes, there is likely something not legal about your deal structure. 

Yes, SUBJECT TO closings are different. We handle Sub2 closings with Seller financing secondary to the EXISTING Lender without having to notify the Existing Lender of what we are doing.  What is the difference? As a Sub2 closing we don't represent the Existing Lender.