Posted by James Gamblain on 9/7/12 9:13pm
Msg #433589

Attorney by phone

Recently I have received calls for real estate closings here in GA, Stating that the attorney would be present via conference call. Has anyone else in GA been made these offers? I turn them down stating that according to my court clerks office this is not legal in GA and that the attorney must be physically present at the signing.

Reply by ToniK on 9/7/12 9:54pm
Msg #433593

Im not in GA but when I do GA documents in my state of VA, yes they are on the phone. They dont say much. Im the one conducting the closing they are just listening to see if the BO has questions. Sometimes they talk about the GA specific doc about foreclosing but other than that Im doing all the talking.

Reply by SERVICIO on 9/7/12 10:46pm
Msg #433599

Re: CLOSINGS HANDLED BY PHONE

I am in TN. What about when they call you and say we want you to take the docs to the BO and then come back in 30 minutes to notarize? What is that all about? One called me telling me to print two copies and take it to the BO and drop them off and come back and it was 30 miles away. I told them I can't leave but I will sit in my car and wait. They called back and claimed it had to be rescheduled. But that was the first time I had received a call like that. Is that right? Has anyone else heard of those?

Reply by GOLDGIRL/CA on 9/7/12 11:00pm
Msg #433603

Re: CLOSINGS HANDLED BY PHONE

I don't see anything wrong with it except it is exceedingly weird. As long as they were paying you, you could have gone to Starbucks to wait 30 minutes or taken a stroll around the neihborhood. Maybe the borrowers didn't want you sitting in their house or listening to them discuss the loan or they were hiding something or had strange stuff they didn't want anybody to see? In any case, you'd still have to ID them (somewhere), confirm that indeed those are their signatures on the loan docs that you need to notarize and administer an oath if necessary. Perhaps it's best it was "rescheduled."

Reply by Lee/AR on 9/8/12 3:13am
Msg #433618

Re: CLOSINGS HANDLED BY PHONE

Sort of... except I wasn't expected to print the docs, take to B and get lost for a while. It was an RM, docs to borrower. LO went over ALL docs on the phone and non-notarized ones were signed. 2 hours later, at MY scheduled time, I show up, they sign the docs needing notarization in my presence, I notarize and o/n docs. It went well and quickly. Your scenario sounds like something went wrong with the o/n docs--so it got weird.

Reply by Lee/AR on 9/8/12 9:15am
Msg #433628

Uh-oh...James & Linda are right. Missed the GA part. n/m

Reply by Gina/VA on 9/8/12 12:48pm
Msg #433648

Yea, I've done several of these throughout the years. Takes no longer than any other closing. They just sit on the phone and answer GA-specific questions regarding the property.

Reply by Linda_H/FL on 9/8/12 7:24am
Msg #433621

James, if you search here, the citations for your

GA governing laws, and the legal opinions about UPL, have been posted several times. From what I recall reading in them, no, telephone presence does NOT satisfy the attorney requirement for GA.. The attorney must be actively involved. And shame on the companies calling you that don't know that!!

Again, check here for the particular citations as they've been posted - especially those posted by PAW - there was one initial one several years ago and a more recent reaffirmation of the UPL opinion and attorney-only requirement.

I, admittedly, am not quite awake enough to have the ambition to go searching myself.