REAL ESTATE CHANGES: Review of 2025 and A Look at What’s Coming in 2026
As we move into 2026, several federal and Georgia-specific changes passed or proposed in 2024–2025 will affect how residential and commercial real estate closings are handled. Some of these changes are already in effect; others take effect in early 2026. Below I’ll summarize the most important items, explain practical implications for closings, and show how choosing the right closing attorney — like Your Hometown Attorney — will keep your deal on track.
Federal Changes and Developments We’re Watching:
1. Homebuyers Privacy Protection Act (H.R. 2808) — a major change to “trigger leads.”
In September 2025 the President signed the Homebuyers Privacy Protection Act (HPPA), which amends the Fair Credit Reporting Act to sharply limit the furnishing and sale of “trigger lead” information that credit bureaus and others used to create immediate marketing lists after a mortgage inquiry or application. The law is scheduled to take effect in early 2026. We expect lenders’ marketing workflows, partner relationships, and how consumer credit data is shared to change — and for some downstream shifts in how loan shopping and lead generation operate.
So, what exactly is a “trigger lead?”
A trigger lead is a marketing lead created when a consumer’s credit report shows that they’ve applied for a mortgage or had their credit pulled by a lender. Credit bureaus can then sell that consumer’s information — including name, contact information, and general loan details — to other lenders or mortgage companies that purchase these lists.
These lenders immediately begin contacting the consumer to offer competing loan products, “triggering” a wave of unsolicited calls, texts, or emails within hours of a mortgage inquiry.
While trigger leads were once a standard industry practice, they’ve become controversial due to privacy concerns and consumer confusion. The Homebuyers Privacy Protection Act (HPPA), taking effect in early 2026, sharply limits when and how credit bureaus can sell or share these leads — giving consumers greater control over their data and reducing unwanted solicitations after applying for a mortgage.
2. CFPB mortgage & disclosure rulemaking — possible TRID/RESPA/TILA updates.
The Consumer Financial Protection Bureau’s 2025 regulatory agenda includes mortgage-related rulemaking (including items tied to disclosures and mortgage servicing) that could change required forms, timing, or other compliance obligations for loan estimates and closing disclosures. These changes have tended to come with new compliance timelines for lenders and closing professionals, and they can affect when documents must be delivered and how fees are itemized.
Important Georgia Real Estate Changes You Should Know:
1. 2025 GAR contract form revisions (and mid-year tweaks) — impacts on contract language & closing instructions.
The Georgia Association of REALTORS (GAR) updated its statewide contract forms for 2025 (and issued mid-year revisions). Changes include new/rewritten buyer-broker compensation exhibits, revised seller disclosure language, timing adjustments for closing-date notices, and updates to the “Instructions to Closing Attorney” form that affect how agents and attorneys coordinate at closing. Because many purchase contract clauses are standardized by GAR forms in Georgia, these edits change what parties must deliver and when.
Realtors and Agents should make sure all addenda to their contracts, including commission split agreements, are submitted to the Closing Attorney’s office when they make their request to close with the office. Should the Attorney request any additional information, documentation, or amendments to anything submitted from the agent(s) or parties, this information and/or documentation should be provided promptly to avoid any potential delays in closing your deal.
2. Georgia is — and remains — an attorney-closing (attorney-present) state.
Georgia law and judicial guidance continue to treat many aspects of a closing as the practice of law requiring a licensed Georgia attorney’s involvement and supervision (including preparation/review of deeds and settlement statements in many contexts). That means you can’t treat closings like mail-away administrative signings without potential risk. If your workflow used to rely on non-attorney settlement officers or “mail-away” closings, you’ll need to ensure a Georgia-licensed attorney supervises the critical legal steps.
Your Hometown Attorney takes the guidance of the Supreme Court of the State of Georgia and the State Bar of Georgia with the utmost seriousness. We DO NOT AND WILL NOT provide a mail away closing, but we have other options that can make your transaction go through smoothly without your presence at the closing table being required while remaining compliant with the laws of the State of Georgia.
3. State legislation and administrative changes effective 2025.
Georgia’s 2025 legislative session produced a package of laws that went into effect July 1, 2025 (and additional amendments were considered later in the year). While many new laws are not real-estate-specific, some affect transactional practice areas (electronic payments, recordkeeping, local tax/recording procedures, and contract points), so attorneys and title teams should confirm county recording rules and tax prorations under the updated code.
4. Increased term threshold for short-term note exemption from Georgia’s Intangible Recording Tax.
One of the most significant tax-related changes for Georgia is under House Bill 586: effective July 1, 2025, real-estate loans (secured by real property) with a maturity term of 62 months or less (i.e., up to 5 years and 2 months) are exempt from Georgia’s intangible recording tax — up from the previous threshold of 36 months (3 years). That means many loans that previously triggered the tax may now avoid it if structured properly.
Under prior law, a “short-term note secured by real estate” was defined as a note where the entire principal was due within three years from the date of the note (or from the date of any instrument securing the note). Thus, longer-term notes (more than three years) were considered “long-term” and subject to the tax. Under the new law the 62-month term raises the window for exemption, which is especially significant in commercial financing and certain residential investor or bridge-type loans.
Implications:
If you are structuring a loan with a maturity of 60 months or less, you may qualify for the exemption and avoid intangible tax costs.
However, you must ensure the note’s terms (including any extension/renewal provisions) do not push maturity beyond the 62-month window (which would reclassify it as long-term and trigger tax).
For closings, the closing attorney must review the loan document, ensure the maturity date is correctly stated, and verify that the security instrument records the correct note maturity—and that the tax collecting officer is aware of the exemption.
Agents, lenders, and borrowers must coordinate early so that the financing structure aligns with this threshold if cost savings are desired.
What these changes mean for closings in 2026 — practical impacts
Timing & disclosures may shift. Proposed and final CFPB changes could alter when Loan Estimates or Closing Disclosures must be issued and what they must include. That can affect commitment deadlines, lender-to-attorney coordination, and cure windows for tolerances. This could mean changes in closing dates to meet these new requirements and deadlines.
Contract language will be different. GAR’s 2025 form changes (buyer-broker compensation exhibits, instructions to closing attorney, and revised seller disclosures) change obligations, deadlines, and the mechanics of who pays what and when. Agents must use updated GAR forms and attorneys must know where the new contract provisions change settlement tasks.
Consumer privacy & marketing after loan application will change. With the HPPA limiting trigger leads, buyers will likely get fewer immediate marketing solicitations — but lenders and brokers will need to update consent forms, vendor contracts, and privacy notices to comply. This affects lender/agent communications workflows.
Georgia’s attorney-present rules remain a gating requirement. Don’t assume a title company can substitute for an attorney in Georgia — the state’s law and judicial interpretations are very clear that they cannot and do not and continue to require direct attorney oversight for all steps in the real estate closing process, including the drafting of settlement statements/ closing disclosures, drafting of legal descriptions, and the closing itself. That affects who prepares documents, who can give legal advice to clients, and whether signings can be done remotely or by mail.
Tax structuring is more significant. Because Georgia increased the term threshold for short-term note exemption, closing attorneys must now consider tax implications earlier in deal structuring (particularly in commercial, investor, or enterprise financing). A loan structured to take advantage of the 62-month threshold may save significant cost—but if mis-documented (e.g., maturity beyond 62 months, extension/renewal triggers), you could inadvertently trigger tax or cause recording delays.
Recording & title review practices remain critical. With changes to tax definitions and contract/closing workflows, thorough review of all documents before recording — including verifying the note maturity and classification for tax purposes — becomes more essential. Any misstep or mis-classification may cause a bar to enforcement or delay in lien perfection.
How the right closing attorney (like Your Hometown Attorney) helps you prepare for 2026
We keep your contract & closing checklist up to date. GAR form language changed in 2025 and may continue to evolve. A local closing attorney reviews the executed contract against the latest GAR forms and customizes instructions so obligations (closing date, prorations, escrow items, and buyer-broker compensation) are clear and enforceable. Amendments may be requested for conflicting provisions or corrections to dates and/or timelines if needed.
We translate federal regulatory changes into practical steps. When CFPB guideline changes or new federal laws (like the HPPA) land, a closing attorney interprets how those changes impact lending timelines, disclosure delivery, and vendor arrangements — then updates the closing workflow so you avoid costly delays.
We ensure Georgia-law compliance at every step. Georgia’s attorney-present rules mean a licensed attorney must oversee key parts of the closing. A local closing attorney will: prepare and review deed language, confirm recording instructions comply with county requirements, supervise signings,and offer legal alternatives to parties who are unable to make it to the closing table.
We coordinate with lenders, title companies, and agents to prevent surprises. Updated GAR instructions to closing attorneys and lender disclosure changes require tight coordination. Your closing attorney acts as the hub: confirming the final Closing Disclosure matches the Contract and Loan Estimate (or documenting allowable variances), clearing title conditions, verifying payoffs, and ensuring timely recording.
We protect clients from tax/structuring pitfalls. With the 2025 law change raising the short-term note exemption to 62 months, closing attorneys must review note documents, maturity terms, renewal/extension language, and verify classification for Georgia intangible recording tax. We help structure loans to take advantage of the exemption when appropriate, ensure compliance, and avoid unexpected tax assessments or recording delays.
Practical checklist — what buyers, sellers, and agents should do now
Agents: Use the current GAR forms for every new offer and update your templates / checklists to reflect the 2025/GAR mid-year changes (especially buyer-broker compensation exhibits and instructions to closing attorney). Confirm which version of the form was used in any pending files.
Lenders & title companies: Track CFPB notices and HPPA compliance dates. Update vendor agreements and consumer privacy notices. Coordinate early with the closing attorney on disclosure timing to avoid last-minute cures.
Borrowers (residential or commercial): If your loan term is 60 months (5 years) or less, check with your attorney or lender whether you qualify for the Georgia intangible recording tax exemption (post-July 1, 2025 rule). Ensure your note/documentation is properly structured and recorded.
Buyers & sellers: Expect to sign updated GAR disclosures and be prepared for your closing attorney to be present for final delivery and recording steps. Ask your agent whether your file uses the new 2025 forms and what, if anything, changed in your deal.
All parties: Make sure you respond promptly to any inquiries from the Closing Attorney. Your Closing Attorney reviews title, deed language, HOA / community association documents, and local recording requirements and if there are any delays in obtaining the information or a party providing accurate information, it can mean last-minute changes or fixes. Last-minute fixes cost time and money for everyone involved.
Final thoughts — don’t let regulatory change derail your closing
Regulatory and contractual changes in 2024–2025 (GAR form revisions, the HPPA, new CFPB agenda items, and the Georgia tax definition change) mean that closings in 2026 require closer attention to form versions, disclosure timing, privacy compliance, Georgia-specific attorney requirements, and tax classification. The smartest way to reduce risk is to involve a knowledgeable, local closing attorney, like Your Hometown Attorney, early — not only to check boxes on the day of closing, but to proactively adapt your process to the new rules.
If you’re closing a Georgia real estate transaction, Your Hometown Attorney can help. We specialize in Georgia residential and commercial closings and work side-by-side with buyers, sellers, realtors, and lenders to make sure closings close on time and without surprises.
Ready to EXPERIENCE THE DIFFERENCE with Your Hometown Attorney?
Send your new title request to clientservices@turnerjoneslegal.com or call us at 706-359-3332!
