Key takeaway
Georgia requires a licensed Georgia attorney to conduct every real estate closing, under a 2006 Georgia Supreme Court ruling, and when you have a mortgage that attorney represents your lender under the standard Georgia REALTORS contract. Title insurance comes in two parts: a lender's policy most lenders require, and an optional owner's policy, paid once at closing, that protects you.
At a glance
| Attorney required | Yes, Ga. Supreme Court (2006) |
|---|---|
| Attorney represents (with a mortgage) | The lender, under the standard contract |
| Lender's title policy | Usually required |
| Owner's title policy | Optional, one-time premium at closing |
Is Georgia an attorney state? Yes, by Supreme Court ruling
In 2006 the Supreme Court of Georgia adopted Formal Advisory Opinion 04-1 (case S05U1720) and held that "the closing of a real estate transaction in this State constitutes the practice of law." If anyone other than a duly licensed Georgia attorney performs it, that is the unlicensed practice of law. The opinion builds on an earlier ruling, In re UPL Advisory Opinion 2003-2, 277 Ga. 472 (2003).
What the ruling means for your purchase
Your closing will be conducted by a Georgia-licensed attorney, whatever company handles the title work or hosts the signing. If a closing is offered without an attorney supervising it, ask who the attorney is before you go further.
How the attorney must handle closing money
The same 2006 opinion says attorneys supervising closings have fiduciary duties over the closing proceeds. The money has to go into an IOLTA or other interest-bearing trust account and may not be mixed with the attorney's own or office funds.
Who the closing attorney represents
Read this part closely, because the answer is not what many buyers expect. It comes from the Georgia REALTORS purchase and sale agreement (form F201), and the wording below is from its 2022 printing. Ask your agent to show you the same paragraph in the version you sign.
When you have a mortgage: the lender
The form says "the closing attorney shall represent the mortgage lender in any transaction in which the Buyer obtains mortgage financing." The attorney runs a fair closing for everyone, but the attorney's client is your lender.
When you pay cash: you
In a purchase without mortgage financing, the form says the closing attorney represents the buyer.
Who picks the attorney
The buyer has the right to select the closing attorney. If your lender will not accept that attorney, you choose one the lender does accept. The firm is named on the first page of the contract, so settle it before the offer goes in.
Getting your own advice
Because the closing attorney represents the lender when you finance, you may want separate counsel if you need legal advice about your own interests, for example on a title problem or a contract dispute. Ask the closing attorney at the start whom they represent in your deal and what they can and cannot advise you on.
What happens at a Georgia attorney closing
- Title search: public records are checked for liens, unpaid taxes and ownership problems. Under the standard contract the buyer pays for the title and tax record search.
- Title objections: problems go back to the seller, who pays the attorney to prepare and record the documents that cure them.
- Closing Disclosure: your lender must give it to you at least three business days before closing. It lists the title and attorney charges.
- Deed and loan documents: the seller conveys the home by limited warranty deed, which the buyer pays to have prepared, and you sign the note and security deed for your loan.
- Funds: closing money moves through the attorney's trust account.
- Taxes and recording: the transfer tax has to be paid before the deed is recorded, and the intangible recording tax is collected when the security deed is recorded. On Acworth's typical home the two come to $1,585.90 with 3.5% down; the transfer and intangible tax guide shows the math.
Good and marketable title under the Georgia REALTORS contract
The standard contract requires the seller to convey good and marketable title by limited warranty deed. It defines good and marketable title as title that a title insurer licensed in Georgia will insure at its regular rates, subject only to standard exceptions. You have the right to examine title, obtain a survey and object to problems you find. Do this inside your due diligence period so a problem gives you time to act.
Title insurance in Georgia: lender's policy vs owner's policy
| Lender's policy | Owner's policy | |
|---|---|---|
| Required? | Most lenders require it | Optional |
| Protects | The lender, up to the amount it lends | You, against claims from before your purchase |
| Premium | Shown in the title lines of your Loan Estimate | One-time, paid at closing |
Lender's title insurance
The CFPB explains that most lenders require a lender's policy, and that it protects the amount they lend. It does not protect you.
Owner's title insurance
An owner's policy is optional. It protects you if someone makes a claim against the home that dates from before you bought it, such as unpaid taxes or unpaid contractor work. You pay a one-time premium at closing.
The enhanced owner's policy in the Georgia REALTORS contract
The standard contract has the buyer direct the lender to quote title insurance on the assumption that the buyer will obtain an enhanced owner's policy, "since such a policy affords Buyer greater coverage." So expect the title quote you receive to assume an enhanced policy. You can ask for a quote on a standard owner's policy as well and compare.
Buying both from one provider
The CFPB notes that buying the lender's and owner's policies from the same provider usually costs less than buying them separately.
What each policy covers on an Acworth home
Take Acworth's typical home value of $406,860 (Zillow, August 2026) bought with 3.5% down. Your down payment is $14,240.10 and the loan is $392,619.90.
- The lender's policy protects the lender's $392,619.90 loan.
- Your own $14,240.10 down payment, and the value of the home to you, are protected only if you buy an owner's policy.
If a lien from a past owner surfaced later, the lender's policy answers to the lender. Without an owner's policy, the problem is yours to resolve. That is the trade you are making when you decide on the owner's coverage at closing.
How much title insurance and the closing attorney cost
No verified Georgia rate table or typical attorney fee is published here, so treat any number you see online as a rough guide only. Your real figures come from your own paperwork:
Read the title lines on the Loan Estimate
Each lender's Loan Estimate, due within three business days of your application, lists title charges on a standard form. Compare them across lenders.
Ask for a written quote
Ask the closing attorney for a written quote that shows the lender's policy, an enhanced owner's policy and a standard owner's policy separately, plus the attorney's own fees.
Ask how the premium is set
Ask the attorney or title agent whether the premium is a filed rate with the Georgia Office of Commissioner of Insurance and Safety Fire, and whether any discount applies. This guide did not verify how Georgia regulates title rates.
For the full list of buyer costs and a cash-to-close estimate on an Acworth home, see Georgia closing costs. I can help you compare title quotes side by side before you choose.
Mistakes buyers make with the closing attorney and title insurance
Assuming the closing attorney is your lawyer
With a mortgage, the attorney's client is the lender. Questions about whether a contract term is good for you belong with your own counsel or your agent, not the closing attorney.
Deciding on owner's coverage at the signing table
The owner's policy is a one-time choice made at closing. Ask for the quote when you get your Loan Estimate, so you are not deciding on an unfamiliar line with a pen in your hand.
Leaving title review until the end
The contract lets you examine title and object. If you wait until the closing week, a problem can delay the closing date instead of being solved early.
Waiting to choose the closing firm
The closing firm goes on the first page of the offer. Pick one your lender accepts before you write it, and see the guide to buying a house in Georgia for where this fits in the timeline.
Common questions
Is Georgia an attorney state for real estate closings?+
Yes. In 2006 the Supreme Court of Georgia held that closing a real estate transaction in Georgia is the practice of law, so it must be conducted by a duly licensed Georgia attorney. A closing performed by anyone else is the unlicensed practice of law. The ruling adopted Formal Advisory Opinion 04-1 and built on a 2003 opinion.
How much is title insurance in Georgia?+
This guide does not quote a Georgia price because no verified rate source was available. The cost depends on the price, the loan amount and whether you choose a standard or enhanced owner's policy. Ask the closing attorney for a written quote and compare the title lines on each lender's Loan Estimate.
How much is title insurance on a $500,000 house?+
There is no single answer to give without a quote. On a $500,000 purchase the lender's policy is tied to the amount you borrow, while an owner's policy covers your ownership. Ask the closing attorney or title agent to quote both policies for your price and loan amount, then check the totals on your Loan Estimate and Closing Disclosure.
What does title insurance actually cover?+
According to the CFPB, an owner's policy protects you if someone claims an interest in the home that dates from before you bought it, such as unpaid property taxes or unpaid contractor work. A lender's policy protects only the lender, up to the amount of the loan.
Is title insurance mandatory in Georgia?+
If you take out a mortgage, most lenders require a lender's title policy as a condition of the loan. The owner's policy is optional according to the CFPB, and this guide found no Georgia statute requiring buyers to purchase one. The Georgia REALTORS contract does have the lender quote an enhanced owner's policy by default, so expect to see it on your estimate.
Does the closing attorney represent me or the lender?+
If you finance the purchase, the Georgia REALTORS purchase and sale agreement says the closing attorney represents the mortgage lender. If you buy without mortgage financing, the attorney represents you. Ask the attorney at the start whom they represent, and consider separate counsel if you need advice on your own interests.
Can I choose my own closing attorney in Georgia?+
Under the Georgia REALTORS purchase and sale agreement, the buyer has the right to select the closing attorney. If the lender will not accept your choice, you pick one the lender does accept. The closing firm is named in the contract, so decide before you make an offer.
Sources
- FindLaw Caselaw: Supreme Court of Georgia, In re Formal Advisory Opinion 04-1 (2006)
- Georgia Association of REALTORS: Purchase and Sale Agreement (F201), 2022 printing
- CFPB: What is owner's title insurance?
- CFPB: What is a Loan Estimate?
- CFPB: What is a Closing Disclosure?
- Georgia Department of Revenue: Real Estate Transfer Tax
- Georgia Department of Revenue: Intangible Recording Tax
- Zillow Research: Zillow Home Value Index (Acworth, August 2026)
Lawrence Jackson
I am a Realtor® with Atlanta Communities and part of Team Jackson Sells Atlanta. I specialize in Acworth, Kennesaw, Marietta and Woodstock and serve all of Cobb County and metro Atlanta. You work directly with me at every step, from your first question to the closing table.
Realtor®, Atlanta Communities. General information, not legal, tax or lending advice.
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