GA Operations Summary
From WFG Wiki
Contents
Licensed Entity:
WFG NATIONAL TITLE INSURANCE COMPANY
- See Attached HUD Sample for Additional Information File:Georgia HUD-1.pdf
Banking Information
- Bank account NO – Fund through GA Attorney
- Good Funds Law N/A must fund through GA Attorney
- Disbursements Requirements Must disburse through GA Attorney
- Special Bank Requirements (IOLTA/IOTA/OTHER or account specific to that state’s funds) GA Attorney IOLTA Account Required. APPROVED LAW FIRM IS __________; USE OF ANY OTHER LAW FIRM REQUIRES WRITTEN CONSENT FROM THE COMPLIANCE DEPARTMENT
Escrow/Settlement
- Who can prepare the HUD GA Attorney
- Who can sign the HUD (EO/LTP/Attorney) GA Attorney
- Who orders hazard insurance Customary -
- When is transaction consummated for new HUDS
- Record before/after disburse After disbursement
- Filed/restricted escrow rates No
- Record retention requirements
- Is an attorney involved in the closing Yes, GA licensed attorney must handle closing/signing
- Who can handle loan document signing GA licensed attorney
- Doc Prep Restrictions Doc Prep at no charge is not UPL but dangerous - GA licensed attorney must prepare documents
- Use Escrow Instructions or not No
- Use Estimated HUD or Final Final
- Pass-thru charges Yes
- Rates Inclusive or not Not inclusive
- Up Charging Not prohibited
- Junk Charges Not prohibited
- Special HUD Requirements GA licensed attorney must be settlement agent
- Special Disclosures None
- CPL Yes – MAY ONLY be issued to the Georgia Agent disbursing funds
- UPL Issues Yes – Closing is the unauthorized practice of law
- Joinder of non-titled spouse No
- Survey Required No
Audits
- Required No
Recording Process
- E-recording County list of e-recording attached
- Record before disbursement Disburse then record
- Special recording procedure
Recording/Document Requirements
- Marital Status Stated -- No
- Transfer Tax -- Yes
- Mortgage Tax --Yes
- Address for grantor/grantee/property
- Witnesses -- 2 (notary may serve as 1 witness)
- Names typed/printed -- YES
- Prepared by/return to -- Prepared by with top 3” of 1st page with name and signature of preparing attorney; Return to address on 1st page is required
- Notary Stamp/requirements -- Stamp or seal with date commission expires
- Parcel or tax index number
- Recitation of Consideration
- Derivation Clause
- Corporate Signatures/Attestation
- Ink Color/Font
- Legal Description
- Margins
- Other Special Recording: -- Transfer Tax Declaration form required for recording deeds;
- Statewide recording fees $10.00 for the first page; $2 for each additional page and a $2 cross-reference fee per instrument. Cancellations are $10.00 and assignments are $5.00 for the first page. Superior Court Clerks do not generally rush record documents filed for record in this State.
Document Types
- Conveyance Warranty Deed, Special Warranty Deed,
- Security Instrument Security Deed
- Release Cancellation of Security Deed or Quit Claim Deed
Tenancies
- Tenants in Common YES - presumed
- Joint Tenants YES
- Tenancy by Entireties NO
- Community Property NO
- Homestead NO
- Joinder of Non-titled Spouse NO
Taxes
- Taxes Levied Varies by County
- Taxes due Varies by County
- Delinquent Varies by County
Commitment/Policy Special Requirements
- Who can sign Commitment/Policy
- Other
Post Closing Requirements
- Recon follow up required