Frequently Asked Questions

No. Under South Carolina law, the buyer has the right to choose the closing attorney. Your real estate agent may have a preferred firm, but the choice is yours. If you would like Ashton Title to handle your closing, simply notify your agent and lender at the time you go under contract.

The South Carolina Supreme Court has held that conducting a real estate closing is the practice of law. State v. Buyers Service Co., 357 S.E.2d 15 (S.C. 1986). The attorney is responsible for reviewing the title, preparing the legal documents, conducting the closing, recording the documents, and disbursing funds — each of which requires legal judgment that non-attorneys cannot provide.

Most residential closings take 30 to 45 days from contract to close, depending on financing and title issues. Cash transactions can close faster, often within two weeks. Owner-financed and entity-based transactions may take longer due to additional documentation. We give you a realistic timeline at the start of the file.

We are based in Fountain Inn and primarily serve the Upstate — Greenville, Spartanburg, Anderson, Pickens, Laurens, and surrounding counties. We can handle closings on properties throughout South Carolina; ask us if your property is outside our regular service area.

Yes, and in most cases this is the preferred approach. Taking title in your trust's name at the original closing avoids the need for a second deed later, saves recording fees, and prevents the common mistake of forgetting to transfer the property into the trust at all.

Most lenders allow this, as long as you (the borrower) are the trustee of a revocable living trust. Federal law generally prohibits lenders from triggering the due-on-sale clause when you transfer property to your own living trust. We coordinate with your lender to confirm their specific requirements.

Yes. We prepare and record the deed transferring your existing property into your trust. The process is straightforward, and we handle it regularly for the estate planning clients of our affiliated firm, Anderson Law Firm.

Yes. We regularly close transactions where title is taken in a single-purpose LLC, a parent-subsidiary structure, or another entity. We verify that the entity is properly formed and in good standing, and that the operating agreement authorizes the purchase.

Yes. Through our affiliated firm, Anderson Law Firm, we offer LLC formation services including the articles of organization, operating agreement, EIN, and registered agent service. We can have a new entity ready for closing on most reasonable timelines.

Many lenders permit this, particularly for investment property. Some require personal guarantees or additional documentation. The answer depends on your lender and loan program; we coordinate with the lender early in the file to confirm.

Under a bond for title, the seller retains legal title until the buyer completes all installment payments. Under seller-carry financing, title transfers to the buyer at closing and the seller takes back a promissory note secured by a mortgage. Each structure has different implications for default remedies, tax treatment, and recording. We help both parties understand the trade-offs.

In most cases, yes. The buyer benefits from an owner's policy. If the seller is taking back a mortgage, the seller benefits from a lender's policy on that mortgage. We can issue both at closing.

A government-issued photo ID and the funds required to close, in the form of a wire transfer or certified check made payable as instructed. We send you a settlement statement with the exact figures in advance. Do not bring a personal check; South Carolina good-funds rules do not permit closing on personal checks above small amounts.

Wire fraud is a serious risk in real estate transactions. Always verify wire instructions by calling our office directly at 864-228-7808 before sending funds. Do not rely on wire instructions received by email, even if the email appears to be from our office. We never change wire instructions by email at the last minute.

In most cases, yes. South Carolina permits closings to occur with documents executed in another state before a notary, and we coordinate the logistics. Tell us early in the file if you will not be present in person so we can plan the document delivery and execution.