I read the Stewart document and am still unclear on whether seller docs are covered. I know the Stewart "New Advisory Opinion" states that to
"Oversee, facilitate, and participate in the execution of instruments conveying title by anyone other than a Georgia attorney. This includes notaries, signing agents or other individuals who are not a party to the real estate transaction."
would be considered the Unauthorized Practice of Law per this statement. This is their "Opinion" and they also state:
"A Georgia licensed attorney must be physically present at the closing on all real estate transactions for property located in this State."
If this is correct, then ALL signings of loan documents (purchase and refinance) as well as any deeds conveying property ownership must be signed in the physical presence of a GA attorney. Would this also cover cash purchases where they buyer is not signing a deed or mortgage?
Does this mean that these transactions must be signed within the boundaries of Georgia or would it be acceptable to have a Georgia attorney travel to another state to meet with the signers and conduct the transaction? |
