Georgia Lawyers Discuss The Unauthorized Practice of Law

I have edited the following remarks that demonstrate another view regarding the Unauthorized Practice of Law in Georgia.

Georgia Real Property Lawyer, No. 1

“Seller, an institutional lender that has recently acquired title to Georgia property by foreclosure, contracts to sell residence to Buyer. Seller agrees to pay closing Attorney and cost of owner’s policy if Seller can choose Attorney.

Buyer agrees and closing is set to take place at the offices of Georgia law firm of "Nuthin' but Foreclosures, P.C." in Oz, Georgia.

Buyer, who lives 3 hours away in Backwoods, Georgia, becomes unable to travel this distance to the Emerald City to close. Selling agent contacts a local Backwoods, Georgia Attorney who agrees to conduct closing in his office for a fee of $300 to be paid by Buyer.

Title exam, loan and owners title commitments and coordination of loan docs with Borrower's lender are all handled by "Nuthin' but Foreclosures, P.C." in Oz, Ga.

All docs are overnighted to Backwoods, Ga. Attorney, who conducts closing in the same manner as he would other closings.

Certified funds required from Buyer and all executed docs are returned to law firm in Oz, Ga.

Loan proceeds and Buyer's certified funds are deposited in "Nuthin' but Foreclosures, P.C." IOLTA account and disbursed in accordance with the HUD-1 by overnight courier 48hrs later.

Georgia property, Georgia lawyers, funds deposited and disbursed into and from Georgia IOLTA [trust] account, any problems?

Georgia Real Property Lawyer, No. 2

“Stepping out in faith, I say perfectly legal and above board.”

Georgia Real Property Lawyer, No. 3

“Since it is a GA attorney who is preparing, reviewing and disbursing everything, it is not the (Unauthorized Practice of Law) UPL.”

Burton Fletcher, J.D., MBA
Owner, Georgia Signing Agents.com, LLC
Member, State Bar of Georgia, State Bar of California
NNA Certified Notary Signing Agent
Commissioned Notary, State of Georgia (Lowndes)
Professor, Business Administration (Ret.)

Tel: 229.245.8858
Fax: 310.868.2500
Email: Desk1@GeorgiaSigningAgents.com

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