Have you heard friends in other states talk about “escrow” and wondered why your Charleston closing runs through an attorney instead? You are not alone. If you are buying or selling in West Ashley, the process can feel different from what you see on TV. In this guide, you will learn how South Carolina’s attorney-led closings work, who does what, and exactly what to expect on signing day so you feel confident from contract to keys. Let’s dive in.
Attorney states vs escrow states
In many states, neutral escrow companies handle settlement. South Carolina is different. It is an attorney state, which means a licensed South Carolina attorney performs or directly supervises the settlement and closing.
For you, that means closings in West Ashley are usually scheduled at a law office or a title agency under attorney supervision. The attorney appears on your Closing Disclosure, manages funds through an attorney trust account, and coordinates recording of your deed and mortgage with the county.
Who does what in a Charleston closing
Closing attorney
- Reviews or oversees the title search and addresses title issues.
- Prepares or reviews deed and closing documents, and advises on their legal implications.
- Receives buyer and lender funds, pays off liens, and disburses money from a lawyer trust account.
- Submits documents for recording and delivers final settlement statements.
Title company or underwriter
- Supports the title search and issues title insurance policies once requirements are met.
- Works in coordination with the attorney, who typically serves as the settlement agent in South Carolina.
Lender
- Prepares your Closing Disclosure and wires loan proceeds after final approval.
- Sets conditions for funding, payoffs, and endorsements.
Real estate agents
- Coordinate inspections, the final walk-through, and signing-day logistics.
- Help you track deadlines and practical expectations, and may attend closing.
Charleston County Register of Deeds
- Records deeds and mortgages for West Ashley properties.
- Recording finalizes the change of ownership in the public record and affects possession and mortgage priority.
Title work and title insurance
Before closing, the attorney or title examiner reviews public records for issues like outstanding mortgages, tax liens, judgment liens, easements, or unpaid HOA assessments. If something is found, the attorney coordinates curative steps such as obtaining payoffs, releases, affidavits, or corrective deeds.
Title insurance then protects against covered risks from past title defects, subject to policy exceptions. You will often see two policies: an owner’s policy for you and a lender’s policy for your mortgage company. The attorney’s title opinion and curative work help ensure your title is insurable before the lender funds.
Timeline and signing day
Pre-closing steps
- Contract is ratified and earnest money is deposited per your agreement.
- Buyer inspections and appraisal occur, and underwriting moves toward final approval.
- The attorney initiates the title search, orders payoffs, and requests HOA statements if applicable.
- The lender prepares the Closing Disclosure once the loan is cleared to close.
Closing Disclosure timing
Federal TRID rules require the lender to deliver the Closing Disclosure at least 3 business days before you sign your loan. Plan to review it carefully and ask questions early. If certain terms change late in the process, the 3-day clock can restart.
What happens on signing day
- Complete your final walk-through, usually the day before or the morning of closing.
- Arrive at the attorney’s office with your government ID and any required funds.
- Buyers sign loan documents, deed, and settlement statements. Sellers sign the deed, affidavits, and payoff authorizations.
- The attorney receives lender funds and buyer funds, verifies amounts, and prepares disbursements.
- Payoffs and fees are disbursed from the trust account according to the settlement statement.
- Documents are recorded with the Charleston County Register of Deeds, often the same business day if funding and timing allow.
- Keys and possession follow your contract terms, either at recording or at signing if allowed.
Funds, wiring, and recording
- Buyers often wire cash to close to the attorney’s trust account. Always verify wiring instructions by calling the attorney’s office using a known phone number.
- Some firms accept certified checks. Personal checks are usually not accepted for cash to close.
- After recording, you will receive recorded copies and, later, your owner’s title policy once the underwriter completes issuance.
Communication tips
You will typically receive loan conditions and the Closing Disclosure from your lender. The closing attorney will share the settlement statement, wiring instructions, payoff amounts, and recording status. Your agent will help coordinate the walk-through, key exchange, and any HOA documents.
Best practices:
- Confirm who holds the earnest money in your contract.
- Read your Closing Disclosure at least 3 business days before signing and flag questions early.
- Sellers should order payoff statements early and confirm they are valid through the closing date.
- Always verify wiring instructions by phone to avoid fraud. Do not rely solely on email.
Advantages and considerations
Advantages of attorney-led closings
- Legal review and the ability to cure title issues before funding.
- Clear responsibility for funds, recording, and document accuracy.
- A single settlement point of contact coordinating lender, title, and recording.
Practical considerations
- Fees and workflows vary by firm, so review estimates and settlement statements.
- Recording speed depends on funding timing and county procedures.
- HOA or condo transfer documents can affect the schedule.
West Ashley specifics to know
West Ashley includes a mix of established neighborhoods and condo or HOA communities. Your attorney often requests HOA estoppel or transfer statements early, since those can add time. Recording happens with the Charleston County Register of Deeds, and same-day recording depends on when funding is received and county cutoffs. Clarify in your contract whether keys are released at signing or after recording.
Pre-closing checklists
For buyers
- Review the Closing Disclosure at least 3 business days before signing.
- Confirm cash to close and call the attorney to verify wire instructions.
- Schedule your final walk-through and confirm agreed repairs are complete.
- Bring valid government ID and follow your attorney’s instructions for funds.
- Confirm when and how you will receive keys.
For sellers
- Provide keys, remotes, and any HOA transfer items promptly if required.
- Obtain payoff statements early and confirm they cover the closing date.
- Bring government ID and any requested affidavits to closing.
- Confirm tax prorations and how and when your proceeds will be disbursed.
What this means for you
If you are closing in West Ashley, your settlement will be led by a South Carolina attorney rather than a neutral escrow company. That structure centers legal review, trust-account disbursement, and careful coordination of title, funding, and recording. With the right preparation, your signing day can be smooth and predictable.
If you want a local guide who keeps every piece moving on time, reach out to the Sonder Home Team. We will coordinate with your lender and closing attorney, keep you informed, and help you step into your next chapter with confidence.
FAQs
Who holds earnest money in West Ashley?
- It depends on your contract. It can be the listing broker, a buyer’s or seller’s attorney, or another escrow agent. Always check the Purchase and Sale Agreement.
When do I get my keys in Charleston?
- Possession is set by the contract. Many closings release keys upon recording of the deed, while others allow key exchange at signing. Confirm with your attorney and agent.
What funds do I bring to closing in South Carolina?
- Buyers usually wire cash to close to the attorney’s trust account. Some attorneys accept certified checks, but personal checks are typically not accepted. Follow the attorney’s written instructions and verify by phone.
What happens if the title search finds a problem?
- The closing attorney works on curative steps such as payoffs, releases, affidavits, or corrective deeds. If it cannot be resolved in time, you may delay closing, negotiate, or use contract contingencies.
How long until I receive my owner’s title policy?
- Lender policies are often issued soon after recording. Owner policies can take days to weeks depending on the underwriter and any post-closing requirements.
Is an attorney legally required for closing in South Carolina?
- Attorney involvement is standard practice and many lenders require an attorney as the settlement agent. Check your lender’s requirements and your Purchase and Sale Agreement.
