Legal Question in Real Estate Law in Georgia

The transaction is likely legal if properly drafted. However the notary can be put in jail if you swear out a warrant before the statute of limitations (2 years) expires.

Even if the loan documents were perfectly drafted, they cannot get around Georgia's prohibition against non-lawyer closings. Moreover, before you start swearing out warrants against the notary, you should absolutely consult a Georgia real estate attorney first. A Georgia real estate lawyer can quickly review your recorded loan documents (probably online), and with a little due diligence, tell you whether you loan was properly closed under State law. Only if received confirmation that the loan was improperly closed by a non-lawyer would I consider swearing out a warrant against the notary or taking any other type of legal action.

Before you even start spending money on a lawyer, ask yourself what you are trying to achieve. For instance, if you are current on your mortgage payments and are simply concerned that your bank sold your loan to another bank, then move on with life -- it happens all the time. If you don't like your interest rate and want to try and get a better one, move on. Conversely, if you have defaulted on your loan by not making payment and you want to try and rescind your mortgage, enter into a loan modification, or short sale your home, then it's time to speak with a lawyer -- the fact that a non-lawyer closed your loan in violation of State law certainly will help in those negotiations.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******