Closing Process

The timeline for pre-closing work in a real estate transaction can vary based on several moving parts, but it typically spans 15-45 days from the time the contract is received by the closing attorney to the actual closing date. The duration depends on factors such as loan processing, title review, inspections, and document preparation.

Factors That May Affect the Timeline

• Loan underwriting issues or incomplete borrower documentation
• Title problems, such as unresolved liens or ownership disputes
• Unforeseen inspection issues that require negotiation or repair
• Scheduling conflicts between parties, agents, lenders, and the closing attorney

Receiving a "clear to close" from your lender is a major milestone in the homebuying process, but it does not automatically mean you can close immediately. While it means your loan has been fully approved and all underwriting conditions have been met, there are still a few final steps that must occur before the closing can take place.

Here's what "clear to close" really means.  The lender has reviewed and accepted:

• Your income and asset documentation
• The property appraisal
• Title work and title insurance commitments
• Any required conditions (such as updated pay stubs, gift letters, etc.)

Now, the lender is ready to move forward with the final loan documents and disbursement.

Why You May Not Be Able to Close Immediately After Receiving "Clear to Close":

• Final Closing Disclosure (CD) Timing Requirement

By law (under the TRID rule), the Closing Disclosure must be delivered to you at least 3 business days before closing. If you haven’t received and acknowledged it yet, you’ll have to wait out that period.

• Scheduling among all parties
• Document Preparation and Review  

After the clear to close, the loan documents must be generated and delivered to the closing attorney or title company. They need time to prepare the final closing package.

• Wire Transfers and Funding

Funds must be wired from the lender, and all escrow instructions followed. Depending on the lender and time of day, this may take until the next business day.

Once your file reaches the Closing stage, you will be assigned a Closer who will serve as your primary point of contact throughout the remainder of the process. Your Closer will handle the coordination of your final documents, review the settlement figures, schedule the closing appointment, and guide you through everything leading up to and including your closing day.

If you have any questions about your upcoming closing—such as what documents to bring, how funds should be delivered, or what to expect at the signing—your assigned Closer is the best person to assist you. They will reach out to you directly, usually by email or phone, to introduce themselves and provide important instructions.

If you haven't heard from your Closer yet and need immediate assistance, feel free to contact our Closing Department directly at closing@cooperfirm.com and we’ll be happy to connect you.

The timing of when you will receive a preliminary settlement statement for review before closing can vary, as it largely depends on when the lender and other parties provide all required information to the closing attorney. While we aim to send it one to three days before closing, this timeline is subject to several factors that can impact when the document is finalized and shared.

Some common causes for delays include:

• The lender has not yet delivered the final closing instructions
• A realtor has not submitted their commission details
• The seller’s mortgage payoff statement is still pending
• We're awaiting payment details from a homeowner’s association
• Additional third-party fees or documents are outstanding

Rest assured, our team works diligently to gather and verify all necessary information to provide you with an accurate settlement statement as early as possible. Once it's ready, your Closer will send it to you for review and will be available to answer any questions or make clarifications.
If you’re concerned about timing or want an update, feel free to contact your assigned Closer or our office—we’re happy to help.

A typical closing appointment lasts between 30 and 60 minutes, depending on the complexity of the transaction and how many parties are involved. During this time, you’ll review and sign all necessary documents, including the settlement statement, loan paperwork (if applicable), and the deed.

However, please keep in mind that unforeseen factors can occasionally cause delays. For example, some lenders may require the closing attorney to submit signed documents for review before they will authorize the release of funds. Additionally, if last-minute questions arise or documents need to be revised, the process may take a bit longer.

Our team will do everything possible to streamline the experience and ensure your closing proceeds smoothly and efficiently. If you have a tight schedule on the day of your closing, feel free to let your Closer know in advance so we can accommodate your needs as best as possible.

FOR SELLERS:

• Driver’s license or other government issued ID that is not expired
• Keys, garage door openers, and any other items to be handed over to the buyer.
• Any outstanding documents requested by The Cooper Law Firm, LLC, such as the home warranty, termite inspection report, or other property-related paperwork not yet submitted.

FOR BUYERS/BORROWERS:

• Driver’s license or other government issued ID that is not expired
• Funds for closing, if not already sent via wire transfer. Please confirm the acceptable method and amount with your Closer in advance.
• Any documents requested by The Cooper Law Firm, LLC or your lender that have not yet been provided.

All individuals listed on the loan must be present to sign the loan documents. Any non-borrowing individuals who will appear on the title must also attend the closing to sign the appropriate ownership documents.

If you have any questions about your required documents or attendees, please reach out to your assigned Closer before closing day. We're happy to help ensure you arrive fully prepared.

Payment and Wiring Instructions for Closing

You will receive our wiring instructions through a secure hyperlink included in the welcome email sent by our Pre-Closing Department once your file is opened. If you’re unable to access the email, please contact us, and we will gladly re-send the wiring instructions upon request.
If you are providing funds via check or money order, please make them payable to The Cooper Law Firm, LLC.

Guidelines for Closing Funds (Per O.C.G.A. § 44-14-13)

• Funds over $5,000 must be sent via wire transfer only.
• Amounts between $1,000 and $4,999.99 may be paid by certified check.
• Amounts under $1,000 may be paid by personal check, credit card, or money order.

Please note, all credit card payments are subject to a 0.04% transaction fee.

We recommend that all parties bring a personal check, cash, or a debit card to closing in case any last-minute adjustments result in a small balance due that is not covered by the original payment.

Important Security Notice:

If you are wiring funds to our firm, you must call our office to verbally confirm our wiring instructions. This is a critical security measure. We are not responsible for funds wired to the wrong account if verbal confirmation is not obtained. If we are wiring funds to you, you will be required to complete and sign a wire authorization form providing your wiring details.

Note on Disbursements:

Any proceeds issued at closing must be made payable to the individual(s) or entity holding title to the property at the time of closing. If funds need to be sent to a different account or payee, our prior approval is required, and a formal agreement must be signed by all relevant parties. Please inform your closing team as early as possible if this situation applies to your transaction. However, if the party receiving funds is an estate, the disbursement must be made to the estate and not any individual heirs or devisees.

At the closing, both the buyer/borrower and the seller will be required to sign a variety of legal and financial documents to complete the transaction. These documents vary slightly depending on the nature of the sale and lender requirements, but they are essential for transferring ownership and finalizing loan terms.

For buyers or borrowers, the documents typically include the Closing Disclosure, which outlines the purchase price, closing costs, prorated property taxes, and other financial details agreed upon by both parties. Buyers will also sign several other forms such as the Representation Disclosure, Privacy Policy, Promissory Note, and Security Deed, as well as various waivers (such as termite or survey waivers), affidavits, and certifications. Additional documents may include the Borrower’s Certification and Authorization, Escrow Account Statement, Occupancy and Employment Affidavits, and if applicable, documents related to flood insurance. Buyers may also sign a First Payment Letter, Agreement to Cooperate, Legal Services Statement, W-9, and 1099, as well as any additional documents required by the lender, including a Power of Attorney for non-material changes.

For sellers, the required documents typically include the Warranty Deed, which officially conveys title to the new owner, a Seller’s Affidavit of Residence, a Certificate of Exemption for tax purposes, W-9, notice of foreign identity, cooperation agreement, acknowledgement of tax pro-ration, settlement acknowledgement, ownership affidavit, notice of representation, and a letter confirming the closure of any prior mortgage on the property.

A realtor does not need to attend the closing in order to receive their commission. As long as the necessary documentation is submitted in advance, the closing attorney or title company can process the commission payment without the agent being physically present. The commission amount should be clearly listed in the Closing Disclosure or ALTA Settlement Statement, and the brokerage must typically provide a commission disbursement authorization form. This form outlines how much is to be paid, who should receive the funds, and where the payment should be sent—whether by check or wire transfer. After closing, we will distribute the funds according to these instructions. It is essential that all commission-related documents are complete, accurate, and submitted in a timely manner, often with authorization from the managing broker. With these steps in place, the realtor's commission will be disbursed smoothly, even in their absence.

While it is common—and often convenient—for both buyers and sellers to sign closing documents at the same time, simultaneous signing is not legally required What is legally necessary is that both the buyer and the seller, or their authorized legal representatives, properly execute all required closing documents for the transaction to be valid.

There are many scenarios in which signing may occur at different times. For example, one party may be unavailable on the scheduled closing date and may opt to pre-sign documents in advance. Others may use a Power of Attorney, allowing a representative to sign on their behalf. Remote closings, travel conflicts, or last-minute scheduling changes can also lead to staggered signings. In each case, as long as all required documents are properly signed, notarized (when necessary), and delivered to tour firm, the transaction can still proceed without issue.

The flexibility to sign at different times helps accommodate busy schedules while ensuring all legal and contractual requirements are met for a successful closing.

If you are unable to wire your funds in advance of closing, you may submit payment by check or another accepted method—but it must be received in sufficient time to ensure the funds are fully cleared by the closing date. For example, if you send a personal or certified check, it will need to clear our account and become "good funds" before we can proceed with closing.

To avoid delays, please coordinate with your closing team to confirm when and how your funds should be submitted. Keep in mind that if funds are not cleared and available by closing, the transaction cannot be completed. Planning ahead is essential to ensure a smooth and timely closing.

Yes, if your mortgage payoff amount has not been provided to The Cooper Law Firm (CLF) by the time of closing, there will be a delay in the disbursement of your proceeds. In accordance with legal and closing requirements, CLF must have the exact payoff statement from your lender before releasing any seller funds. Until the payoff is received and confirmed, your proceeds will be held in escrow to ensure proper handling of all outstanding obligations tied to the property.

To avoid delays, it is important to coordinate with your lender as early as possible to request and authorize the release of your final payoff statement to our office. Your closing team can assist if you need help submitting that request or confirming its status.

If your buyer is closing through remote signing, it may affect the timing of when you receive your proceeds. A real estate transaction is not considered finalized until all parties have signed their required documents. If you sign before the buyer, your proceeds cannot be disbursed until the buyer has completed their remote signing and the closing is officially complete. This is because the transaction must be fully executed and all legal requirements met—including lender authorization and document verification—before funds can be released. Once the buyer has signed and the closing is finalized, your proceeds will be disbursed promptly in accordance with the agreed-upon method.

If you have concerns about timing or need to coordinate the receipt of your proceeds, feel free to contact your assigned Closer for updates and assistance.

For Buyers:

After closing, your Warranty Deed will be sent to the appropriate county office for recording. Once recorded, which typically takes one to two weeks, the original deed will be mailed to your home address. Your owner’s title insurance policy will be e-mailed to you along with the closing documents. If you plan to apply for Homestead Exemption, be sure to contact your county tax commissioner’s office to file, as it can provide valuable property tax savings. Additionally, you will receive an email copy of your signed closing documents for your records.

For Sellers:

If any outstanding mortgage was paid off during the closing, your lender will send you any surplus escrow funds or overpayments within 2 to 6 weeks following the transaction. You will also receive an email with copies of your signed closing documents for your personal records.

Both parties should hold on to their documents and monitor their mail for follow-ups. If any issues arise, your closing team is available to assist you.

For closings prior to approximately October of each calendar year, ad valorem property taxes for the year of closing are paid by the buyer, but the responsibility is adjusted through a proration on the closing statement. This means that at closing, the seller provides a credit to the buyer for their share of the property taxes from January 1 up to the day of closing. As a result, when the tax bill comes due at the end of the year, the buyer is responsible for paying the full amount, having already received a credit for the seller’s portion. If the seller receives the tax bill after closing, they should promptly forward it to the buyer, as the buyer will be responsible for payment. 

However, in transactions that occur in the fall or later in the year—typically beginning in October— the county tax bills may already be available. In those cases, the taxes are often prorated at closing and paid directly to the taxing authority from the closing proceeds.

In closings that occur very late in the year, it’s also common that the seller has already paid the full tax bill before closing. In such instances, the buyer reimburses the seller for their portion of the tax year through a debit on the closing statement.

In all cases, the tax responsibility is fairly divided based on the closing date, ensuring that each party pays their appropriate share for the year.

After closing, your Warranty Deed we immediately electronically send the deed to the county where the property is located to be officially filed of record. Although sent electronically, the clerk of that court must still examine the deed and record it. This recording process varies by county but typically takes between 1 to 3 weeks. Once the county has completed the recording, the deed is returned to our office, where we scan it into our secure, state-of-the-art document imaging system for future reference and safekeeping. After it has been scanned and archived, we will mail the original deed to your home address for your records. This process ensures that your ownership is legally documented and easily accessible if ever needed in the future.

If you are unable to attend your scheduled closing in person, there are several alternative options available to help ensure your transaction proceeds smoothly. While it is always preferred to have all parties present, we understand that circumstances may not allow for that, and we are happy to accommodate you through other methods. If you anticipate needing a non-traditional closing, please notify your closing team as early as possible to avoid any delays.

1. Advance Signing for Sellers

Sellers may choose to sign their documents ahead of the scheduled closing date at no extra cost. If your documents can be prepared in advance—depending on your closer’s schedule and whether any lender-related forms requiring seller signatures are available—you can coordinate a time to sign early. The signed documents will be securely held in escrow until the closing date.

2. Use of a Power of Attorney (POA)

You may appoint someone to sign on your behalf using a Power of Attorney. This option requires thoughtful consideration, as your POA will be signing sensitive documents, and there may be tax and legal implications.

If a lender is involved, both the lender and our firm must approve the use of the POA and the individual chosen. Delay in providing this information can result in a delayed closing.
Existing POAs may be used but must be reviewed for compliance with Georgia law and the specifics of your transaction.

If you don’t have one, we can prepare a POA for you for a $50 drafting fee and $25 recording fee. Additional charges may apply if a mobile notary or attorney is used outside our office.

All POAs must be signed in front of a notary and a separate unrelated witness, and we must receive the original document before closing. A copy should be emailed in advance to your assigned Pre-Closer, and the notary must also submit a copy of your government-issued photo ID.

3. Remote Signing (“Mail-Out”) Closings

We can coordinate a remote closing through a third-party service, allowing you to sign your documents:

• With a mobile notary or attorney at a location of your choice
• At an approved attorney’s office near you
• Or at one of our title insurance partner’s offices in your area

Additional fees may apply, depending on your location, whether your state requires an attorney or title agent to be present, if more than one appointment is needed, and the cost of return overnight shipping. For accurate pricing, consult your closing team.

4. E-mail Closing (for Cash Buyers Only)

If you are a cash buyer, we may be able to send your closing documents via DocuSign for electronic signature. This option is not available for sellers or borrowers working with a lender.
No matter the option, it's important to coordinate early with your assigned closing team so that any required approvals, document preparation, and scheduling can be handled well before your closing date. This will help avoid any last-minute delays and ensure a seamless experience.