Dec12025
Real Estate Q&A Series

Can you handle the closing and coordinate with the title company, escrow, and the buyer’s lender? – North Carolina

Short Answer

Yes. In North Carolina, a real estate attorney typically serves as the settlement agent and coordinates the title work, escrow/trust accounting, and the buyer’s lender. State law requires collected funds and recording of the deed (and any deed of trust) before disbursing money. Timing depends on wire arrivals and the county Register of Deeds’ recording cutoff.

Understanding the Problem

The question is whether a North Carolina real estate attorney can manage a residential sale closing from start to finish—specifically, coordinating with the title company, handling escrow/trust funds, and working with the buyer’s lender to get documents, fund the loan, record the deed, and disburse proceeds. The decision point is whether one settlement agent in North Carolina can lawfully and practically oversee these tasks through the Register of Deeds and lender funding process.

Apply the Law

Under North Carolina law, closings are attorney-driven. The closing attorney acts as the settlement agent, oversees title examination and insurance, receives and holds funds in a trust account, and records the deed (and any deed of trust) at the county Register of Deeds. The Good Funds Settlement Act requires “collected funds” before disbursement, and settlement agents typically record first and disburse after recording. Payoffs must be obtained and satisfied of record under the satisfaction-of-security-instruments framework.

Key Requirements

  • Settlement agent role: A North Carolina attorney coordinates title, lender instructions, recording, and trust/escrow disbursements.
  • Good funds only: Disbursement may occur only after receipt of collected funds (e.g., cleared wires) in the attorney trust account.
  • Record first, then disburse: The deed (and buyer’s deed of trust, if any) must be recorded with the Register of Deeds before releasing any money.
  • Verified payoffs: Obtain written payoff statements and ensure lien satisfaction/cancellation steps are in place to clear title.
  • Lender and title conditions: Follow lender closing instructions and title requirements to issue the final title policy after recording.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The request is for a North Carolina attorney to run a sale closing and coordinate with the title company, escrow, and the buyer’s lender. That fits the attorney-as-settlement-agent model: the attorney can manage title commitments, obtain and hold funds in trust under the Good Funds rules, coordinate lender documents and funding, record at the Register of Deeds, and disburse after recording. With no property or lien details yet, the attorney will confirm payoffs and clearance steps as part of opening the file.

Process & Timing

  1. Who files: Settlement agent (closing attorney). Where: County Register of Deeds in North Carolina. What: Deed and, if applicable, deed of trust; settlement statement; excise tax paid with the deed; trust-account disbursements after recording. When: On closing day, after all funds are collected and before the Register of Deeds’ daily recording cutoff (varies by county).
  2. Attorney confirms lender wire receipt as collected funds, submits documents for recording (eRecording or in-person, depending on county), then obtains recording confirmation. This often occurs the same business day if wires and recording are timely.
  3. After recording, the attorney disburses: pays off liens, taxes/HOA charges as applicable, and sends net proceeds to the seller; then issues the final title policy reflecting the recorded documents.

Exceptions & Pitfalls

  • Late wires or nonconforming funds (e.g., personal checks) delay disbursement under the Good Funds rules.
  • Recording cutoffs and eRecording availability vary by county; missed cutoffs push recording—and disbursement—to the next business day.
  • Payoff statements that expire, lack a per-diem, or require same-day wire releases can delay lien satisfaction and final title policy.
  • Name or vesting discrepancies, unreleased prior liens, or undisclosed HOA/municipal charges may require corrective documents or updated title requirements.
  • Lender closing conditions not cleared (updated employment verification, insurance, cash-to-close) can hold funding until satisfied.

Conclusion

In North Carolina, a real estate attorney can handle the entire closing as the settlement agent, coordinating with the title company, managing escrow/trust funds, working with the buyer’s lender, recording the deed (and deed of trust), and disbursing only after collected funds and recording. The key threshold is receipt of good funds; the key timing point is the Register of Deeds’ daily recording cutoff. Next step: send the signed contract and lender contact to the closing attorney to open title and scheduling.

Talk to a Real Estate Attorney

If you’re dealing with a North Carolina home sale and need one point of contact to coordinate title, escrow, and the buyer’s lender, 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.