Why Georgia mail-away closings are unethical.
A Georgia licensed attorney must be physically present at the closing on all real estate transactions for property located in the State of Georgia.
The Supreme Court of Georgia has consistently held that it is the unauthorized practice of law for anyone but a Georgia licensed attorney to prepare and facilitate the execution of a deed of conveyance (including, but not limited to, a warranty deed, limited warranty deed, quitclaim deed, security deed, and deed to secure debt) and other legal instruments required in a real estate closing.
See Formal Advisory Op. No. 86-5 (86-R9) (May 12, 1989); Formal Advisory Op. No. 00-3 (Feb. 11 2000); and Formal Advisory Op. No. 03-2 (Nov. 10, 2003).
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