Who Handles the Closing?
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The information that follows is based on commoncustoms and practices in each state, which may not be observed in everyclosing situation.
* In certain states where attorneys most often conduct closings, this practice arises from the fact that real estate conveyancing has been deemed to constitute the practice of law. There is, however, a developing legal precedent in many of these states that some portion of the closing process may not constitute the "conveyancing" of real estate, and thus need not be performed by an attorney.
As such, settlement companies are increasingly offering closing services in these states in which only a portion of the closing process (sometimes just the signing of transfer documents) is actually performed or supervised by an attorney.
** An "approved attorney" is one whose opinion is acceptable to a title company as the basis for issuance of a title insurance policy by the insurer.
*** An LPO is a person certified by the Washington Supreme Court as a closing officer under rule 12 of the Admission to Practice Rules (APR).
| Alabama | In most of the state, lawyers customarily conduct closings. In Mobile and Baldwin counties, corporate title agents may also perform closings. |
| Alaska |
Title or escrow companies customarily conduct closings, but independent escrow agents, lenders and lawyers may also oversee the closing. |
| Arizona |
Title or escrow companies customarily conduct closings. |
| Arkansas |
Title or escrow companies customarily conduct closings, but attorneys may also close the transaction. |
| California | In Northern California, title companies typically handle closings (through their escrow departments). In Southern California, closings are more commonly performed by dedicated escrow companies and lenders. |
| Colorado | Title or escrow companies customarily conduct closings, but brokers and attorneys may also close the transaction. |
| Connecticut | Attorneys customarily conduct closings.* |
| Deleware | Attorneys customarily conduct closings.* |
| District of Columbia |
Title or abstract companies customarily conduct closings, but settlement companies and approved attorneys** may also close the transaction. |
| Florida | Title or escrow companies and attorneys customarily conduct closings, but they may also be handled by independent title agents. |
| Georgia |
Attorneys customarily conduct closings.* |
| Hawaii | Title or escrow companies almost always conduct closings. |
| Idaho | Title or escrow companies usually conduct closings. |
| Illinois | Title or escrow companies customarily conduct closings, but lenders and attorneys may also close the transaction. |
| Indiana | Title or escrow companies customarily conduct closings, but lenders, real estate agents and attorneys may also close the transaction. |
| Iowa | Attorneys customarily conduct closings, but they may also be performed by the title companies and real estate agents. |
| Kansas | Title or escrow companies customarily conduct closings, but lenders, real estate agents and attorneys may also close the transaction. |
| Kentucky |
Attorneys customarily conduct closings, but mortgage companies and other non-attorney entities may also close the transaction. |
| Louisiana | Notaries public customarily conduct closings, but attorneys and corporate title agents may also close the transaction. |
| Maine |
Attorneys customarily conduct closings.* |
| Maryland |
Title or escrow companies customarily conduct closings, but approved attorneys** may also close the transaction. |
| Massachusetts | Attorneys customarily conduct closings.** |
| Michigan | Title or escrow companies customarily conduct closings but lenders, real estate agents and attorneys may also close the transaction. |
| Minnesota | Attorneys customarily conduct closings, but title or escrow companies, lenders, and real estate agents may also close the transaction. |
| Mississippi | Attorneys customarily conduct closings, but lenders may also close the transaction. |
| Missouri | Title or escrow companies customarily conduct closings but individual escrow agents and attorneys may also close the transaction. |
| Montana | Title or escrow companies customarily conduct closings, but lenders, real estate agents and attorneys may also close the transaction. |
| Nebraska | Title or escrow companies customarily conduct closings, but independent title agents, brokers and attorneys may also close the transaction. |
| Nevada |
Title or escrow companies customarily conduct closings. |
| New Hampshire |
Title companies and attorneys customarily conduct closings. |
| New Jersey |
In northern New Jersey, attorneys customarily conduct closings. In southern New Jersey (below Mercer County), closings are more commonly handled by title or escrow companies. |
| New Mexico |
Title or escrow companies customarily conduct closings. |
| New York |
Attorneys usually conduct closings.* |
| North Carolina |
Attorneys customarily conduct closings, but lenders may also close the transaction. |
| North Dakota |
Title or escrow companies customarily conduct closings, but lenders, attorneys and real estate agents may also close the transaction. |
| Ohio |
Title or escrow companies customarily conduct closings, but lenders, attorneys and real estate agents may also close the transaction. |
| Oklahoma | Title or escrow companies customarily conduct closings but lenders, attorneys and real estate agents may also close the transaction. |
| Oregon | Title or escrow companies customarily conduct closings. |
| Pennsylvania | Title or escrow companies customarily conduct closings, but real estate agents and approved attorneys** may also close the transaction. |
| Rhode Island |
Attorneys and title companies customarily conduct closings, but lenders may also close the transaction. |
| South Carolina |
Attorneys customarily conduct closings.*
|
| South Dakota |
Title or escrow companies customarily conduct closings, but lenders, real estate agents and attorneys may also close the transaction. |
| Tennessee | Attorneys and title or escrow companies customarily conduct closings. |
| Texas |
Title companies and approved attorneys** customarily conduct closings. |
| Utah | Title or escrow companies customarily conduct closings, but lenders and attorneys may also close the transaction. |
| Vermont | Attorneys customarily conduct closings.* |
| Virginia | Attorneys and title or escrow companies customarily conduct closings. |
| Washington | Limited Practice Officers (LPO)*** and attorneys customarily conduct closings, but title or escrow companies and lenders may also close the transaction. |
| West Virginia |
Attorneys customarily conduct closings but, occasionally, lenders and real estate agents also handle the closing. |
| Wisconsin | Title or escrow companies customarily conduct closings but lenders, real estate agents and attorneys also close the transaction. In Milwaukee county, attorneys typically handle closings. |
| Wyoming | Title or escrow companies and attorneys customarily conduct closings, but lenders and real estate agents may also close the transaction. |
* In certain states where attorneys most often conduct closings, this practice arises from the fact that real estate conveyancing has been deemed to constitute the practice of law. There is, however, a developing legal precedent in many of these states that some portion of the closing process may not constitute the "conveyancing" of real estate, and thus need not be performed by an attorney.
As such, settlement companies are increasingly offering closing services in these states in which only a portion of the closing process (sometimes just the signing of transfer documents) is actually performed or supervised by an attorney.
** An "approved attorney" is one whose opinion is acceptable to a title company as the basis for issuance of a title insurance policy by the insurer.
*** An LPO is a person certified by the Washington Supreme Court as a closing officer under rule 12 of the Admission to Practice Rules (APR).
