Dec42025
Real Estate Q&A Series

What is your role in title review and closing, and how will you coordinate with the real estate agent and the closing company? – North Carolina

Short Answer

In a North Carolina residential real estate transaction, a licensed North Carolina attorney must supervise the closing and perform the legal work involved in title review and settlement. My role is to examine and certify title, prepare and review the legal documents, oversee the signing, and ensure proper recording and disbursement of funds under the Good Funds Settlement Act. I coordinate with the real estate agent to align contract terms, deadlines, and repairs, and with the closing/settlement company, lender, and register of deeds so that title, money, and documents all match and the deed and deed of trust are recorded before funds are fully disbursed.

Understanding the Problem

The question asks, in a North Carolina residential real estate deal, what a real estate attorney actually does in the title review and closing process, and how that attorney works with the real estate agent and the closing or settlement company. Many buyers and sellers hear that North Carolina is an “attorney closing” state, but it is not always clear who makes sure the title is clear, who handles the money, and who coordinates communications and documents. The key issues are the attorney’s legal duties under North Carolina law, the settlement agent’s role in handling funds and recording, and how those roles interact with a buyer’s or seller’s real estate agent and any separate closing or settlement company throughout the transaction timeline.

Apply the Law

Under North Carolina law, a licensed North Carolina attorney must supervise residential real estate closings and perform all services that count as the practice of law in the transaction. Title work, document drafting, and interpreting contract terms fall in that category. The settlement agent (often the attorney or the attorney’s firm) must also follow strict rules for holding and disbursing closing funds, and cannot release money until the deed and deed of trust are recorded and funds are in the proper form. Real estate agents handle brokerage and negotiation; they cannot perform legal services. Coordination among these parties centers on the contract, lender instructions, title report, and closing date.

Key Requirements

  • Attorney supervision of closing: A North Carolina-licensed attorney must supervise the residential closing and perform the legal work, including title review, explaining documents, and overseeing execution of the deed and deed of trust.
  • Proper handling and timing of funds and recording: The settlement agent must receive closing funds in the forms allowed by the Good Funds Settlement Act, deposit them in a trust or escrow account, record the deed and deed of trust, and only then disburse most funds.
  • Clear title examination and communication: The attorney must examine the public records, identify and resolve title issues, and coordinate with the real estate agent, lender, and closing/settlement company so that title conditions, contract deadlines, and closing instructions all line up before settlement.

What the Statutes Say

Analysis

Apply the Rule to the Facts: With no specific facts, consider a typical North Carolina home purchase using a standard residential contract and institutional lender. Under the first requirement, the attorney’s role includes performing or supervising the title search, interpreting the title report, curing defects, and supervising the closing itself. Under the second requirement, the attorney as settlement agent collects the lender’s funds and the buyer’s cash, deposits them into a trust account, ensures the deed and deed of trust are recorded at the register of deeds, and then disburses funds according to the signed closing statement. Under the third requirement, the attorney exchanges information and documents with the real estate agent (for contract terms, amendments, and repair agreements) and with the closing/settlement company or lender (for payoff statements, closing instructions, and wiring details) so that everything is consistent at settlement.

Process & Timing

  1. Who files: The closing attorney or the attorney’s office, often acting as settlement agent. Where: The appropriate county Register of Deeds in North Carolina and, when necessary, the county tax and revenue offices for certifications. What: Deed, deed of trust, and related closing documents; the attorney also prepares or reviews the settlement statement and title opinion or certification if required by the lender. When: Typically in the days leading up to closing for title work, and on closing day for recording and disbursement; funds must be in acceptable form under the Good Funds Settlement Act before full disbursement.
  2. The attorney or staff coordinates with the real estate agent ahead of closing to confirm the final contract, addenda, agreed repairs, credits, and any occupancy arrangements, and with the lender and any closing or settlement company to confirm payoff statements, loan terms, and closing instructions. This coordination usually happens over several days to weeks, depending on the lender’s timeline and county recording practices.
  3. On settlement day, the attorney supervises the signing of all legal documents, confirms that funds have arrived in permissible forms, and causes the deed and deed of trust to be recorded. After confirmation of recording, the settlement agent disburses funds from the trust or escrow account to the seller, payoffs, real estate brokers, and others as listed on the closing statement, completing the transaction.

Exceptions & Pitfalls

  • Title issues such as unreleased deeds of trust, judgment liens, boundary questions, or missing powers of attorney can delay closing if not found and addressed early in the title examination process.
  • Sending funds late or in an unacceptable form (for example, a large personal check instead of a wire or certified funds) can prevent same-day recording and disbursement, which may violate contract deadlines or cause move-in delays.
  • Miscommunications between the attorney, real estate agent, lender, and any separate closing company about seller credits, repairs, or occupancy terms can lead to closing documents and the settlement statement not matching the contract, requiring last-minute corrections.

Conclusion

In a North Carolina residential closing, the attorney’s role in title review and closing is to examine and certify title, resolve title issues, prepare and explain the legal documents, supervise the signing, record the deed and deed of trust, and control the safe receipt and disbursement of funds under the Good Funds Settlement Act. Coordination with the real estate agent focuses on contract terms, deadlines, and negotiated items, while coordination with the closing or settlement company and lender focuses on payoffs, wiring instructions, and recording. The most important next step is to engage a North Carolina real estate attorney early in the process so that title work and communications with the agent and any closing company can begin well before the scheduled settlement date.

Talk to a Real Estate Attorney

If you’re dealing with a North Carolina home purchase or sale and want clear guidance on title review, closing, and coordination with your real estate agent and settlement or closing company, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Real Estate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.