Some states, such as Florida, are “states with title companies” that don't require an attorney to close loans or purchases, as long as the closing includes title insurance. When necessary, you can grant a general or limited power of attorney to a third party to handle your title and registration. The FLHSMV provides a limited power of attorney for motor vehicles, mobile homes, or boats (Form 8205 HSMV) for use. In states where a lawyer is closed, the buyer's and seller's attorneys ensure that the legal requirements for the purchase or refinance of the loan are met and that interests are protected of both.
State real estate law requires that a licensed attorney participate in the process of closing a real estate transaction. Notary agents should consider the information presented here and consult with an attorney before offering loan signing services if necessary. As you review each state, you may notice that when attorneys are required to close transactions, their level of participation varies by state. The lawyer's role may vary by state, but they generally provide legal advice, ensure compliance with state laws, act as escrow agents to protect the money the buyer must pay to the seller, and help resolve any legal issues that may arise during the transaction.
I'm glad to hear that real estate deals are fairly easy to close, but I'll still hire an attorney to help me. In western states, attorneys are less frequently involved, and they have both title companies and escrow companies, which (from what I've deduced) are slightly different, but can serve a very similar function. In other states, an attorney is only required to draft key documents, such as a deed or a mortgage, because this is considered “practicing law.” You must apply for a title in your name when you buy a vehicle, mobile home, or boat; when you bring a vehicle, mobile home, or boat to Florida from another state or country; or if you change ownership of a vehicle, mobile home, or boat. The Texas Administrative Code clarifies that the closing must occur at the permanent physical address of a lender, lawyer, or title company. Many attorneys have notary commissions or have a notary public among their employees, so check with your agent to see if you need to hire one.
In addition, in the few states where an attorney is required to complete a closing, you have no other choice about how to proceed. Owners join by “or allow either owner to assume individual responsibility for the vehicle, mobile home, or boat,” and either owner can be present or sign a bill of sale to have the title transferred to their name. A tax state is a state where the closing is likely to be managed by a licensed real estate attorney rather than the title company handling the closing directly.
