Profession · United States

Title and escrow agents: who runs the closing in each state

What title and escrow agents do in a US home purchase, who runs the closing in each state, your right to shop for title services, and the federal rule that bars a seller from choosing your title company.

In short

A title agent searches the property's ownership history and issues title insurance; an escrow or settlement agent holds the money and documents and runs the closing. The CFPB says that in most of the country a settlement agent from a title insurance company conducts the closing, that in the West the person is often called an escrow agent, and that some states require a closing attorney. Federal law bars a seller from requiring you to buy title insurance from a particular company.

What they do in a purchase

The title side checks that the seller can transfer clear ownership and insures it: the lender's policy is usually required, the owner's policy is optional (see title insurance explained). The settlement side is the closing itself: the CFPB says "the settlement agent is responsible for the legal transfer of title and ownership", and that "in some states, an escrow officer handles any funds that need to be exchanged during the closing".

Who regulates them

Payotte found no federal license for title or escrow agents in the federal sources it read, and it has not yet compiled each state's regulator for this trade, so this page names none. What federal law does is protect your choice: no seller of a home bought with a federally related mortgage loan may require "that title insurance covering the property be purchased by the buyer from any particular title company", on pain of owing the buyer three times the charges (12 U.S.C. § 2608). And the CFPB notes that "your lender is required to give you a list of companies in your area that provide the services you can shop for".

How to check a title or escrow company yourself

Ask the company which state licenses it and under what number, then check that number on the state agency's own website. Read the written list of providers your lender gives you, and compare. Before you wire your closing funds, call the company on a number you found yourself, not one in an email. Payotte does not check these companies for you.

Who runs the closing, state by state

Payotte's reading of each state's law finds an attorney required to close in 6 states and partly required in 8; in the other 36, a title or escrow company usually runs the closing. In 4 states where the state shapes title insurance rates (Florida, Iowa, New Mexico and Texas), a separate page explains how they are set.

Source: Payotte's state table on attorneys at closing (read October 14, 2026), field “who usually closes”.

What it costs

No federal agency sets title premiums. A worked CFPB example and the rules that shape the price are in title insurance explained; the states that set title rates by law have their own title insurance page, linked in the table.

Closing in each state

StateWho usually closesMore
AlabamaAttorney prepares the documents; a title company or attorney may run the signing table (ministerial steps only)Attorney
AlaskaTitle insurance company (escrow, settlement and closing)Attorney
ArizonaLicensed escrow agent (escrow company)Attorney
Arkansas—Attorney
CaliforniaEscrow (licensed independent escrow company, or a title insurer, broker or attorney acting as controlled escrow)Attorney
ColoradoTitle insurance company or agentAttorney
ConnecticutAttorney (Connecticut-admitted)Attorney
DelawareAttorney (Delaware-licensed)Attorney
FloridaTitle insurance agent or agency (or attorney)Attorney · Title rates
GeorgiaAttorney (licensed Georgia attorney in control of the closing; staff only under direct, constant supervision)Attorney
HawaiiLicensed escrow depository (escrow company)Attorney
IdahoLicensed title insurance agent or insurer (title company)Attorney
IllinoisTitle insurance company or registered title agent may hold escrow and close; attorney optional (article does not say which is usual)Attorney
Indiana—Attorney
IowaParticipating closers: Iowa-licensed attorney (lawyer trust account), closing agent licensed by the Division of Banking, or real estate broker (real estate trust account)Attorney · Title rates
KansasTitle insurance agent (escrow, settlement or closing agent)Attorney
KentuckyAttorney or title company (article says it depends on the contract and lender)Attorney
LouisianaNotary public (may or may not be a lawyer) for the act; licensed Louisiana attorney drafts the act and certifies titleAttorney
Maine—Attorney
MarylandTitle company (licensed producer) conducts the settlementAttorney
Massachusetts—Attorney
Michigan—Attorney
MinnesotaAttorney, real estate broker, salesperson or licensed real estate closing agent (the statutes do not pick one)Attorney
MississippiLicensed Mississippi attorney prepares deeds and deeds of trust; title companies certify titles only through a licensed attorney agent (or as a chartered abstract company)Attorney
MissouriTitle company (usually)Attorney
Montana—Attorney
NebraskaTitle company or licensed broker on standardized forms (a closing can run through a title company with no lawyer)Attorney
NevadaEscrow agency staffed by licensed escrow agentsAttorney
New Hampshire—Attorney
New Jersey—Attorney
New MexicoLicensed escrow company, or an exempt bank, a New Mexico lawyer, or a broker trust account (article lists these options)Attorney · Title rates
New York—Attorney
North CarolinaAttorney (closing attorney chosen by the buyer, who records the deed and disburses funds)Attorney
North DakotaTitle company closing department, lender or attorney (the statutes do not assign it to one)Attorney
Ohio—Attorney
OklahomaTitle Closing Company (the term used in the standard OREC contract)Attorney
OregonLicensed escrow agent (often a title company); an attorney may act as escrowAttorney
PennsylvaniaTitle insurance agent (commonly)Attorney
Rhode IslandTitle insurance agent (as described in the Title Insurers Act); attorneys also appear in lending statutesAttorney
South CarolinaAttorney (licensed South Carolina attorney supervises; title companies may assist only under attorney supervision)Attorney
South Dakota—Attorney
Tennessee—Attorney
TexasTitle company (title insurance agent and licensed escrow officer)Attorney · Title rates
UtahTitle insurance agency with an escrow license (escrow/closing office)Attorney
Vermont—Attorney
VirginiaSettlement agent: attorney, title insurance company or agent, licensed real estate broker, or financial institution (buyer chooses)Attorney
WashingtonLicensed escrow company, title company, bank or attorney office (the statute does not say which)Attorney
West VirginiaAttorney, or a lay person under the attorney direct supervision and controlAttorney
Wisconsin—Attorney
WyomingLicensed title insurer or title agentAttorney

Related guides

Title insurance explained · Escrow account · Closing costs explained · All six professions

Questions

Who runs the closing in a US home purchase?

The CFPB says that in most of the country a settlement agent from a title insurance company conducts the closing; in other states, particularly in the West, the person is known as an escrow agent; and some states require a closing attorney. The table on this page shows who closes in each state.

Can the seller choose my title company?

No. A seller may not require you to buy title insurance from a particular company when the home is bought with a federally related mortgage loan; a seller who does owes you three times the title insurance charges (12 U.S.C. § 2608).

Can I shop for title and closing services?

Yes, for the services your lender lists as shoppable. The CFPB says your lender must give you a list of companies in your area that provide the services you can shop for, and that you can often save money by shopping around.

General information drawn from the official sources cited and dated on this page. It is not legal, tax or financial advice: for your own situation, ask a licensed professional.

Sources