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Highlight Updates Closing Agent or Attorney

The mortgage loan closing or settlement is usually conducted by an agent for the lender.31 Often this agent is an attorney. The name and address of the closing agent, also known as the settlement agent, is listed on the HUD-1 settlement statement or “Closing Disclosure.” Homeowners are sometimes under the mistaken impression that the closing agent works for them. This is not surprising since the homeowner pays the agent’s bill for conducting the closing and other pre-closing activity, such as searching title and preparing documents. Whether the closing attorney has any duty to the homeowner is a question of state law.32


  • 31 {27} See, e.g., Garrett v. Fleet Fin., Inc., 556 S.E.2d 140 (Ga. Ct. App. 2001); Horvath v. Adelson, Golden & Loria, P.C. 773 N.E.2d 478 (Mass. Ct. App. 2002).

  • 32 {28} See National Consumer Law Center, Mortgage Lending § 4.9 (regarding fiduciary duties and agency), Ch. 7 (third party charges and abuses) (3d ed. 2019), updated at