Harlan Florence

Real Estate Closing Attorneys in Atlanta, Georgia

COVID-19

When are you in the office?

To reduce potential COVID-19 exposure, the US Center for Disease Control and Prevention recommends supporting and encouraging teleworking as much as possible. They have also said that “teleworking is one of the most effective ways employers can help reduce the spread of COVID-19.” To do our part, we have shifted to working from home as much as possible and are only fully in the office on Tuesdays and Fridays.

On days when we are teleworking, we are continually checking and responding to email. We are also in constant contact with everyone in the firm, so we provide you the best service possible during these times. Unfortunately, by working remotely, we may not be available by telephone as much as we would wish. We all apologize for any inconvenience this may cause and all look forward to returning to a normal corona-free world.

In the meantime, if you want a quick update on your closing, here are some great options:

  • Email. Just email us! Emailing us about a closing is generally way more efficient for everyone!
  • Online. For the very latest, up-to-the-minute information, why not just check on things online?

We care about everyone’s health and safety during these trying times, and we appreciate your understanding and cooperation.

Harlan Florence is an Atlanta-based boutique law firm that believes there’s a better way to handle your real estate closing. We’d love to work with you. Contact us today, and let’s see what we can do together.

Can I close virtually?

No. Virtual closings are not ethically permissible. Closings must be conducted, and all the documents signed, in a Georgia attorney’s physical presence. Anything else is considered unethical by Georgia’s Supreme Court and State Bar. As the Chair of the Real Property Section of the State Bar said recently: “[o]ur Formal Advisory Opinions also do not currently sanction remote closings.”

If you can’t come to closing it may be possible for everything to be signed by an attorney-in-fact. For sellers and cash buyers, that’s a super easy solution. For borrowers, signing though an attorney-in-fact will require your lender’s approval.

The best option, though is to plan to come to closing.

Would you like to know more? Harlan Florence is an Atlanta-based boutique law firm that believes there’s a better way to handle your real estate closing. We’d love to work with you. Contact us today, and let’s see what we can do together.

Photo by Chris Montgomery on Unsplash

Do I really need to come to closing?

While all closing documents must be signed in front of a Georgia attorney, we understand that sometimes everyone isn’t able to make it to our office to sign a tall stack of papers. Virtual closings are not permitted under Georgia Law, but there is an option if you can’t make it to closing.

Name an attorney-in-fact! Simple! If and whenever possible, we’d love to conduct your closing with someone here in our office acting as your attorney-in-fact. Let us do the work for you and you can stay safely at home!

Harlan Florence is an Atlanta-based boutique law firm that believes there’s a better way to handle your real estate closing. We’d love to work with you. Contact us today, and let’s see what we can do together.

Photo by Aleks Marinkovic on Unsplash

Can’t I just have all the closing documents emailed to me to sign in front of a notary?

Unfortunately, we can’t simply email closing documents for you to sign in front of a witness and a Notary Public. There are strict ethical requirements on how everything must be executed, and that means a Georgia licensed attorney must be physically present when all the papers are signed. Closings are considered the practice of law here in Georgia, and a lawyer has to be there when ink is put on paper.

So, what documents specifically require the physical presence of an attorney when signed? The Georgia Supreme Court lists a warranty deed, limited warranty deed, quitclaim deed, security deed, or deed to secure debt as all needing to be executed in front of a Georgia lawyer. If any of these are being signed, then it has to happen with a Georgia lawyer. Not only that, but the Court has consistently held that “it is the unauthorized practice of law for someone other than a duly-licensed Georgia attorney to close a real estate transaction or to prepare or facilitate the execution of such deed(s) for the benefit of a seller, borrower, or lender.” That means if a notary is getting a deed signed, they’re engaging in the unauthorized practice of law. That’s bad.

That said, there is an option if you’re not able to come to closing. You can possibly name an attorney-in-fact! If and whenever possible, we’d love to conduct your closing with someone here in our office who will sign all the papers for you. We’ll us do the work for you and you can stay home! Best of all, we never charge anyone for the service.

Even though we can’t just email documents for you to sign with a notary, we will happily work with you to find a way for your closing to happen as conveniently as possible!

Harlan and Associates is an Atlanta-based boutique law firm that believes there’s a better way to handle your real estate closing. We’d love to work with you. Contact us today, and let’s see what we can do together.

Photo by TJ Dragotta on Unsplash