What Happens If There’s a Title Problem Before Closing?

July 3, 2025

You’re days away from closing on your new home or commercial property. Everything seems to be in order—until your attorney or title company uncovers a title issue. What happens next?


At The Closing Firm of Shola Oyekan, we’ve helped thousands of Georgia buyers, sellers, and agents handle title problems before closing. With the right legal support, these issues don’t have to derail your deal.


What Is a Title Problem?

A title problem is any legal or financial issue that affects the ownership of a property. It could involve:

  • A lien or unpaid debt attached to the property
  • A missing or incorrect signature on a prior deed
  • Disputes over boundaries or easements
  • An unknown heir or previous owner making a claim
  • Errors in the public record


These issues can prevent a clean title transfer—which means the transaction can’t legally move forward until they’re resolved.


Common Title Issues in Georgia Closings

We frequently see:


  • Unreleased mortgages from prior sales
  • HOA liens or unpaid assessments
  • Judgments against prior owners
  • Improperly recorded deeds or missing notarizations
  • Probate complications involving deceased former owners


Some of these are clerical errors. Others require legal clearance or court involvement. All of them can delay—or even prevent—closing if not addressed quickly.


What Happens When a Title Issue Is Discovered?

  • Your Attorney or Title Examiner Alerts You
    The issue is flagged during the title search, usually days or weeks before the scheduled closing.
  • We Review & Explain the Problem
    Our team will break down what the issue is, how serious it is, and what options you have.
  • Corrective Action Begins
  • Depending on the issue, we may:
  • Work with prior owners to sign corrective documents
  • Contact lenders or lien holders to obtain payoffs
  • File affidavits, quiet title actions, or title curative documents
  • Request corrections from county or court offices
  • Closing Is Rescheduled (If Necessary)
  • We aim to resolve title problems fast—but accuracy is critical. If needed, we’ll adjust the timeline and keep all parties informed.


Can Title Issues Kill a Deal?

It depends. Some issues can’t be resolved in time, or a seller may be unwilling to cooperate. But in most cases, especially when caught early, our firm can clear the title and get the deal back on track.


This is one reason why having an experienced Georgia real estate attorney is essential—especially when closing on high-value or older properties.


How Title Insurance Helps

Even after closing, hidden title issues can surface. That’s why we always recommend title insurance. It protects you from future legal or financial problems tied to unresolved or unknown title defects.


Our Firm’s Role

At The Closing Firm of Shola Oyekan, we:

  • Conduct thorough title examinations
  • Resolve issues quickly and legally
  • Coordinate with all parties to keep the deal moving
  • Provide legal guidance at every step



Whether you’re buying, selling, or just need a second opinion on a title problem, we’re here to help protect your transaction.

Why Georgia Requires a Real Estate Attorney at Closing

July 3, 2025
In many states, real estate closin gs are handled by title companies. But in Georgia, the law is different—and more protective for everyone involved. Only a licensed Georgia attorney can conduct a real estate closing. At The Closing Firm of Shola Oyekan, we believe this legal requirement is a good thing. Here’s what it means for your transaction—and why it matters. What the Law Says Georgia law requires th at real estate closings be conducted by an attorney lic ensed to practice in the state. This includes: Residential home purchases Commercial property transactions Refinance closings New construction closings For Sale By Owner (FSBO) sales The attorney must be involved i n the entire process, not just present at the signing. That includes reviewing contracts, preparing documents, clearing title issues, and disbursing funds. Why Georgia Has This Requirement Real estate is one of the most valuable—and legally complex—types of transactions most people will ever complete. The attorney requirement exists to: Ensure proper title transfer Prevent legal disputes or fraud Protect both buyer and seller from costly errors Verify that all laws and lending requirements are followed Think of it as a legal safeguard—not a formality. What Does a Real Estate Attorney Actually Do at Closing? Your attorney is not just a witness—they’re a legal guide through the entire deal. Here’s how we support clients: Review and explain purchase agreements Order and examine title searches Resolve title defects or lien issues Prepare legal documents (deeds, affidavits, settlement statements) Manage escrow accounts Coordinate with agents, lenders, and other parties Ensure funds are properly disbursed Record the deed with the county We also serve as a neutral legal party in many cases, making sure everything is executed fairly and legally. What Happens If You Try to Close Without an Attorney? A closing without a Georgia attorney is not only risky—i t’s not legally valid. If a title company or non-attorney attempts to close the deal, you could face: Title transfer problems Delayed funding Disputes over contract terms Possible cancellation of the transaction In short, cutting corners can lead to costly consequences. Choosing the Right Attorney for Your Closing Not all attorneys handle real estate law, and not all offer the same level of access or experience. At The Closing Firm of Shola Oyekan, we’ve handled over 20,000 successful closings across Metro Atlanta. We take pride in: Direct attorney access—no layers of staff Competitive title insurance rates Clear, timely communication A comfortable, convenient office location in Stockbridge Fast turnaround and strong attention to detail  Whether you’re buying your first home or managing a complex commercial sale, we’ll help you close with clarity.